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03/01/1993 - 4954WILLIAM W. BIIRNS CITY MANAGER COIINCIL MEBTING MARCH 1, 1993 I - r;; � � CINOF FRIDLEY FRIDLEY CITY COUNCIL PLEDGE OF ALLEGIANCE: MARCH 1, 1993 PRESENTATION OF CERTIFICATE OF APPRECIATION: Wade Savage for Service on the Rice Creek Watershed District Board of Managers PRESENTATION OF AWARD: National Night Out Award . . - PROCLAMATION: • � Volunteers of America Week: March 7- 14, 1993 APPROVAL OF MINUTES: � City Council Meeting of February ,22, i 993 n FR CITY COUNCIL MEETING OF MARCH 1 ADOPT��N OF AGENDA: OPEN FORUM. VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) OLD BUSINESS: First Reading of an Ordinance Amending Chapter 2 and Section 4.04 of the ���� Fridley City Charter (Tabled January 19, 1993) . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . -W , � � � Second Reading of an Ordinance to Amend � the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts [Rezoning, ,ZOA #88-04 by Community Development Corporation � 1 - 1J ���-��, °�-� (Westminster)] ................ . ......... 3�` �(a� � 2-2K FRIDLEY CITY COUNCIL MEETING OF MARCH 1, 1993 NEW BUSINESS: Receive Items from the Pianning Commission • Meeting of February 24, f 993: . . . . . . : . . . . . . . . . . . 3 - 3W • ,�. A. Speciai Use Permit Request, � - ,/q►� SP #93-01, by Westminster + ,� 31�5 Corporation, to �Ilow Homes for the Elderly, Generally .����c� Located North and East of U St. William's ChurctarAbutting Fifth Street N.�. . . . . . . . . . . . . . . . . . 3 - 3GG � B. Resolution Approving a Subdivision, Lot Split, ` L.S. #93-01, to Create Two Separate Parcels Generally Located North of 61 st Avenue and West of Fifth , ���- � � S lQ� 3�� Street (Westminster . Corporation) . . . . . . . . . . .'! . . .� . . . . 3HH - 3YY 3 . �/'�.1,�,� �..., � _ .,�- �ti� Receive Proposal for Curbside an Multi-Unit Recycling Services . . . . � . . � �G�� . 4 - 4J ��,� ���G/ ,,� ' ` � � �` . Receive Bids and .�ward Co:ntra��r.,_��{,.�x- Storm and Sanitary Sewer Repair �� Project No. 242 . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5E !/1 ' THE MINIIT�S OF THB FRIDLFY CITY COIINCIL MEETING OF FEBRQARY 22, 1993 THE MINUTES OF THS REGIII;1�tR` 1�EETING OF THE �FRIDLEY CITY OUNCIL OF FEBRUARY 22. 1993 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALI�EGIANCE : Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None PRE5ENTATION OF CERTIFICATE OF APPRECIATION: WADE SAVAGE FOR SERVICE ON THE RICE �REEK WATERSHED DISTRICT BOARD OF MANAGERS: Mayor Nee stated that Mr. Savage was unable to attend the meeting this evening, and this presentation woul�l be postponed until the next meeting. APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY l, 1993:� MOTION by Councilwoman� Jorgenson to approve the minutes as presented. Seconded by Councilman BilTings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: � I�Ii�TION by Councilman Billings to adopt tt�e agenda as submitted. Seconded by CounciZwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COUNCIL MEETINC3 (7�":'FLBRIIARY 22. 1993 PAGE 2 OLD BUSINESS• 1. APPROVE 1993 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION AND REALLOCATION OF THE 1991 AND 1992 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (TABLED FEBRUARY 1. 1993): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that the City received notification at the end of January that $134,400 in Community Development Block Grants would be received for 1993. She stated it is recommended that $98,800 be allocated to the housing rehabilitation program; $30,600 be allocated to human services; $4,000 be allocated for juvenile-�elated programs; and $1,000 be allotted to cover the County's administrative fee. Ms. Dacy stated it is requested that the Council reallocate the 1991 and 1992 funds totaling $78,730.43 to the housing rehabilitation program. She stated that with the 1993 allocation of $98,800 and the reallocation of the 1991 and.1992 funds, a total of $177,530.43 would be available for the housing rehabilitation program. She stated that Community Development Block Grants are one avenue of providing rehabilitation loans to Fridley homeowners.. Ms. Dacy stated that the juvenile-related program is new, and it is recommended that $4,000 be allocated for this acti�ity. Councilman Billings stated that when the public hearing was held for the distribution of the Community Development Block Grant funding, the Council did not discuss funding for the juvenile- related program. He questioned if it was appropriate to add this as a line item after the public hearing had been held. Ms. Dacy stated that because more funds will be received than anticipated, it does not negate the public hearing, as it is really not known the exact amount the City will receive until we are well into the process. Mr. Burns, City Manager, stated that the recommendation to allocate $4,000 to the juvenile-related program is a staff recommendation, and it did not come from the Human Resources Commission. Councilman Schneider stated that it seems the funds should be allocated betwee'n the two programs originally proposed. Councilwoman Jorgenson asked if the j�uvenile-related program would be an after school program�i� F�,idley's middle school. Mr. Burns stated that it would be after school activities for students that reside in Fridley, but transportation would not be provided. FRIDLTsY CITY COiJNCIL MEETING 4bF FEBROARY 22 1993 PAGB 3 Councilwoman Jorgenson suggested possibly,a drop-in program at the playgrounds and that it not be just limited to Fridley's middle school. Mr. Burns stated that the location for these activities may be something the Council would want to explore; however, in light of the number of juvenile problems, it seemed appropriate to consider this program as a potential use of the additional funds. Councilwoman Jorgenson stated that Community Development Block Grants are usually used for low income residents or blighted areas. 5he questioned using this fund.ing�-�for.juv.enile-related programs. Mr. Burns stated that staff was only trying to be helpful in recommending this program, but Gouncil may,wish to use th�se funds in another manner. That is their choice. Councilman Billings stated he wished to clarify that if the Council wished to make any changes in their allocation of these funds a public hearing would be necessary, which could be done at some future date. Councilmarr Schneider stated that the housing rehabilitation program was given top priority, and the additional Community Development Block Grants fit this criteria. Mayor Nee stated that it seems the Council should have the authority to add or subtract from the items presented at the public hearing. Mr. Herrick, City Attorney, stated that he did not feel what was presented at the public hearing is binding on the Council and, from a legal standpoint, there is flexibility to change. He stated that from a policy standpoint, this is a decision of the Council. Mr. Steve Klein, Planning Director for the Anoka County Community Action Program (ACCAP), stated that their organization would be working closely with the City on the housing rehabilitation program. He stated th�t he serves on a committee for the battered women's shelter, and he felt this was also a priority. Ms. Pat Prinzeralle, Executive Director of Alexandra House, stated that she did not know the Council conducted a public hearing on the allocation of the Community Development Block Grants or else she would have attended. She stated she is here this evening to request tha�` the Cc�uncit �=co���d�r allocation of these funds for construction of a shelter for battered women which will accommodate thirty women and their children. She stated that Alexandra House has served over one thousand persons in Fridley. FRIDL$Y CITY COIINCIL M$ETING OF FEBRQARY 22. 1993 PAGE 4 Ms. Prinzeralle stated that their current facility does not accommodate their needs. She stated that Alexandra House provides community advocacy services, and it is the only shelter for battered women in Anoka County. She requested $30,000 from the City and asked the Council to give this consideration. Mayor Nee asked if the one thousand persons Alexandra House served was the total for last year. Ms. Prinzeralle stated that last year shelter services were provided to 699 women and children, and the 1,000 persons for Fridley covers both shelter and advocacy services. She stated that over 45 percent receiving shelter were�Anoka County residents, and over 85 percent receiving advocacy serrfices were from Anoka County. CounciZman Schneider asked what the community advocacy services provide. Ms. Prinzeralle stated that this service helps with the filing of protection orders, assistance with parenting, housing, and education regarding domestic and dating violence. Councilwoman Jorgenson stated that there is a community advocacy program at Unity Hospital. Ms. Prinzeralle stated that they are requesting human services funds for the hospital advocacy program at Unity Hospital, and:the one thousand people from Fridley they have served does include that program. Mr. Burns stated that City staff did not receive this request until late Friday afternoon and has not had the opportunity to review it. Councilman Billings stated that if it were not for the fact that the City was notified that additional funding would be available, the Council would have already acted to allocate this funding. He stated that Alexandra House is a worthwhile program, but he has a problem with an organization coming to the Council at this late hour when a decision has to be made this evening on the funding. He stated that he received a facsimile at 7:25 p.m..this evening from an Anol�a County Commissioner requesting the Council consider this organization for funding. He stated that he felt it was inappropriate to consider spending $30,000 of this funding on an issue that has now just come before the Council and on which action must be taken this evening. � MOTION by Counci�man S'�hneider'`"°"�b���tiallocate the 1993 Community Development Block Grant funds as follows: $102,800 for the housing rehabilitation program; $30,600 for human services; and $1,000 for the County's administrative fee. Seconded by Councilwoman Jorgenson. FRIDLEY CITY COIINCIL MSETING OF FBBRIIAR�:22. 1993 - PAG� 5 Councilman Schneider stated that he agrees with Councilman Billings' statement regarding Alexandra House, and this motion is not a vote against their program. Councilwoman Jorgenson stated that the Council could determine if there are any funds available within the budget to allow the City to contribute to Alexandra House. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to concur with staff's recommendation and reallocate the 1991:.. and 1992 Community Development Block Grant funds in the amount of $78,730.43 to the housing rehabilitation program. Seconded by Councilman Billings. Upon a voice vote, aIl voting aye, Mayor Nee declared the motion carried unanimously. 2. ORDINANCE NO 1007 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 3 ENTITLED "PERSONNEL" BY AMENDING SECTION 3.09: Mr. Hunt, Assistant to the City Manager, stated that this is.the second reading of a proposed amendment to the Personnel Ordinance which would enable the Police Department to process criminal record checks. He stated that these checks would be made only after the person who is the subject of the check had signed a vo�untary permission slip. He stated that the checks would be done primarily for the purpose of� checking the backgrounds of prospective employees. He stated that this would usually take about`two weeks to accomplish; however, with the amendment of this ordinance, the City would be able to complete these background checks within a matter of minutes. MOTION by Councilman Schneider to waive the second reading of Ordinance No. 1007 and adopt it on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 3. RESOLUTION NO. 18-1993 AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO 49 AFL-CIO (PUBLIC WORKS MAINTENANCE) FOR 1993: Mr. Hunt, Assistant to the City'-Manager;�°�s��ted that this agreement has been negotiated with the International Union of Operating Engineers, Local No. 49, and includes a three percent increase in wages; an increase of $20.00 per month in the maximum contribution of the City towards health, life and dental insurance for employees FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 22, 1993�`��'�-.- � PAG$ 6 choosing family coverage and a maximum contribution of $205.00 per month for employees choosing.single coverage; a slight change in language to accommodate the previous two changes; and the addition of a paragraph to clarify the existing gractice of paying employees at the rate of time and one-half for hours worked on City designated holidays. Mr. Hunt stated that remaining in effect are the resolution and memorandum of understanding relating to the flexible benefit plan and an employee separation benefit plan. MOTION by Councilman Fitzpatrick to adopt Resolution No. 18-1993. Seconded by Councilman Schneider. _ Councilwoman Jorgenson thanked Mr. Hunt for negotiating a good contract for the City and for holding to a three percent salary increase which was very critical for the City. She stated that she appreciated his efforts. Mr. Hunt stated that the City is privileged to have very good union representatives, and he has enjoyed the negotiations with the Public Works Maintenance representatives. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4. RESOLUTION NO 19-1993 RE4UESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO REVIEW THE REQUEST OF CERTAIN PERSONS DOING BUSINESS IN FRIDLEY AND CERTAIN RESIDENTS OF FRIDLEY TO REMOVE THE FENCE ALONG THE EAST SIDE OF STATE TRUNK HIGHWAY NO. 47 �UNIVERSITY AVENUE) FROM 57TH AVENUE TO MTSSISSIPPI STREET: Mr. Burns, City Manager, stated that the Council received a letter in October from the Chamber of Commerce requesting that the fence on the east side of University Avenue be removed. He stated that a survey was conducted, and the maj ority indicated that they wanted the fence removed. He stated that in looking at just the residential population, there was about an even split on those that wanted the fence removed and those that wanted it to remain. Mr. Burns stated that this resolution was prepared for submission to the Department of Transportation requesting them to review the issue and determine whether or not this fence should be removed. MOTION by Councilman Fitzpatrick to adopt Resolution No. 1,9-1993. Seconded by Councilman Billings. Ms. Loretta Larson, 5980 4th Street, submitted a petition for the fence to remain. She stated the residents felt that if the fence was removed, children and �1�f�als could run out onto a busy highway. FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 22. 199.�� PAGE 7 MOTION by Councilwoman Jorgenson to receive Petition No. 3-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, May�r Nee declared the motion carried unanimously. Ms. Janice Golden, busi.ness owner in Moon Plaza, stated that the fence greatly affects their business and, with the snow piled around it, reduces the v�isibility of the business. She stated that businesses along Univer>>ity Avenue are having trouble remaining in business. She felt th<it 'the fence was an eyesore and a blight. She stated that she did not want to see animals killed or children on the highway; however, the children climb over the fence now, and it is not a deterrent for anyone who wants to cross University Avenue. She requested that the Council consider the petition for removal of the fence submitted by businesses along University Aqenue. Mr. Tim Keenan, Manager of the Moon Plaza Shopping Center, stated that the center has losi� prospective tenants because of the fence. He stated that in order to see the signs for the center, you have to look through the fer.ice. He stated that the fence is not well maintained, is unsightly, and needs repair. Councilwoman Jorgenson :�tated that the ience is not the City's, but. it is the property of the State. Mr. Keenan felt that tlle City has to explore the possibility of removing the fence. Mayor Nee said the State:has responded that the fence removal could become a hazard for pedestrians in the area. He stated that he felt the Highway Department has been clear that removal of the fence would generate a hazard for the residents of Fridley. However, he stated he �rould agree that the fence does need to be repaired. Councilman Billings stated the issue is that the Fridley Chamber of Commerce requested the Council to take an action for which the Council� does not have any authority, as the fence is not City property. He stated that thi�s resolution responds to the Chamber of Commerce's request, and it will be forwarded to the Department of Transportation for a decision on the fence. MOTION by Councilwoman Jorgenson to amend Resolution No. 19-1993 by adding the following language in the third paragraph "a petition was received from 100 rE:sidents requesting that the fence remain." Seconded by Councilman Schneider. Councilman Schneider ��tated t�iat ths�_ resp��cs:��;-requests the Department of Transportation to make a determination if it is appropriate to leave ti:�e fence given all the competing factions. He presumes they would proceed and probably all information pertaining to the City's survey should be deleted. °-=FRIDLEY CITY COUNCIL M$BTINQ OF FEBRIIARY 22. 1993 PAGB 8° UPON A ROLL CALL VOTE TAKEN ON THE ABOVE AMENDMENT, Councilwoman Jorgenson, Mayor Nee, Councilman Fitzpatrick, and Councilman • Billings voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried. MOTION by Councilman Schneider to amend Resolution No. 19-1993 by deleting the entire third paragraph which references the City's survey and the petition requesting the fence remain. Seconded by Councilman Billings. Upon a roll call vote, all voting aye, Mayor Nee declared the mdtion carried unanimously. Mr. Jim Golden, business owner in Moon Plaza, stated that it is clear in his mind that there is no need for the fence on the east side of University Avenue. He stated that there woul:d be very few young people that would cross University Avenue, and the fence would still be in place on the west side so a person could not go all the way across. He stated that Highway 65 has no fence. He stated that the speed limit is higher, and there is residential housing on that highway. Mr. Herrick, City Attorney, stated that speaking as a property owner who owns a commercial building on the east side of University Avenue, whether the fence is removed or not, it seems this area has deteriorated. He stated that some time ago there was a committee of business people that with the City and the Housing and Redevelopment Authority discussed improving the appearance along University Avenue with decorative lighting and landscaping. �He stated that when one drives down University Avenue now, it is a sorry sight. He stated that if t�ie fence is removed or remains, it seems the appearance should be improved for this area. He stated that part of the problem for the businesses that have not succeeded has been either a problem with access or at least a perception of a problem of access. Councilwoman Jorgenson stated that there is a housing proposal which would practically be adjacent to the fence. Mr. Herrick stated that if this proposal materializes and there is a residential area, perhaps a fence is more appropriate. He stated that the area between 61st Avenue and Mississippi Street is well established as a commercial area. Ms. Barbara Warren, Executive Director of the Fridley Chamber of Commerce, stated that their members are very concerned about the condition of the fence and the City's image for this area of University Avenue. She stated that the fence is basically why „�"��'' h�isinesses have not continued to look at property sou�l� of 6�st - Avenue. She stated that when the Council reviews petitions from the business community and those from the residents, you have to look at percentages. �` , � �. FRIDL$Y CTTY COIINCIL ME�ETING OF FBBRIIARY 2�:1993 PAGE 9 Mr. Scott Board, Roway :Productions, 6239 University Avenue, stated that if the Departm�:�� c�� Tran�p�rtation will not remove the fence, he believed the City :�hould make some changes along University Avenue to acco�nodate the businesses. He stated that with the fence and snow build u�� in the winter and weeds in the summer, it reduces the businesses' visibility. He stated that there is a fence behind the busin�esses at Moon Plaza which should act as a deterrent. Councilwoman Jorgenson stated that the Housing and Redevelopinent Authority has been maintaining the area along University Avenue in order to assist the businesses. Mr. Rich Cermak, 5917 ��th Street, asked if th8� letter Councilman Billings sent to the Department of Transportation was on official stationary. Councilman Billings stated that it was typed by a City employee on the City's official st:ationary and signed by him. The letter requested the Departmen.t of Transportation to review the issue of the fence on University Avenue �nd to hold whatever public hearings were necessary to dete�rmine if the fence should remain or be removed. Mr. Cermak stated that apparently there were persons who signed a petition who are not homeowners. He stated that he agrees with the businessmen in Moon Pl��za, but there are two different areas on University Avenue to consider -- the residential area up to 61st Avenue and the Moon Pla�;a area. He stated that the problem in this area is not due to the fence, but that a lot.of businesses could not survive because there is no access from University Avenue. Mayor Nee stated that he is opposed to removing the fence, but he thinks the amendment to the resolution makes the resolution neutral.. He stated ithat the resolution simply requests the Department of Transportation to review the fence issue. UPON A ROLL CALL VOTE TAKEN ON THE MAIN MOTION TO ADOPT THIS � RESOLUTION, Councilman F'itzpatrick, Councilman Billings, Mayor Nee, Councilman Schneider anci Councilwoman Jorgenson all voted in favor of the motion, and Mayor Nee declared the motion carried unanimously. 5. RECEIVE THE MINU�TES OF THE CABLE TELEVISION ADVISORY COMMISSION MEETING OF JANUARY 28, 1993: MOTION by Councilman Fitzpatrick. -�_�o : r.�.,�i�te��he _minutes of the Cable Television Advisory Commission Meeting of January 28, 1993. Seconded by Councilman biilings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MELTING OF FEBRIIARY 22. 1993 PA6�-10 6. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 10. 1993: A. ESTABLISH PUBLIC HEARING FOR MARCH 15. 1993 FOR A VACATION RE4UEST SAV #92-03 BY BOB'S PRODUCE RANCH GENERALLY LOCATED AT 7620 UNIVERSITY AVENUE N.E.: MOTION by Councilman Fitzpatrick to set the public hearing on Vacation Request, SAV #92-03 for March 15, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. 1977 TO REMAIN IN EFFECT WHEN THE FACE OF THE SIGN IS REPLACED OR REMODELED, TO ALLOW THE_ REMODELING OF THE EXISTING SIGN GENERALLY LOCATED AT 5351 CENTRAL AVENUE: Ms. Dacy, Community Development Director, stated that in 1974, the Council granted, a variance up to 180 square feet for a Menards sign and message center. She stated that the Menards sign is 158.25 square feet, and the message center is 57 square feet for a total of 215.25 square feet. She stated that it is not clear why the total square footage is over 180 square feet, but in any case, the variance was granted prior to November, 1977. She stated that the sign ordinance states on any variance granted before that date, if the sign is changed or remodeled, it has to comply with the current code requirements which is 80 square feet. Ms. Dacy stated that when this request was submitted to the Appeals Commission, it was proposed that there be a 132 square feet sign and no change in the message center. She stated that the Appeals Commission unanimously recommended denial. She stated that Menards has since reduced the size of the sign, and the request before the Council is for a 119 square foot Menards sign and a 57 square foot message center for a total of 176 square feet. Mr. Scott Egerer, of Jones Sign, representing Menards, stated that they wished to update the Menards sign. He stated that he did not know who put up the existing sign, and he learned of the discrepancy in size several weeks ago. He stated that they have found some old records at Menards, and the exact size of the message center is 3 feet by 19 feet. He believes the sign that now exists is 123.50 square feet. He stated that the new sign would be 176 square feet which includes the message center. Mr. Egerer stated that the reason they canri�t mee�=�the 8O���a�e foot requirement for a sign is that the message center is 57 square feet, and it would only leave a 23 square foot sign. He stated that Embers and Ground Round have variances for 120 square foot signs, and even if they went to a 120 square foot sign, this would FRIDLEY CITY COIINCIL MIEETING OF FEBRIIARY 22. ° 1993 �:r �' -`�'�AGL 11 only leave 63 square fe:et for an identification sign, as 57 square feet would be for the message center. He felt that a 63 square foot sign woul.d be too small. Mr. Egerer submitted a list of other Menards identification signs which ranged from 468 to 114.37 square feet. He stated that the smallest sign of 114.37' is the only sign Menards has anywhere that is smaller than the onE� they are proposing. Mr. Egerer stated that Menards did not wish to lose the message center, as it is very E:ffective advertising. Councilman Billings si:ated that he was prepared to support a variance for 180 squar�� feet, as it was the variance �Ienards had since 1974. Councilman Schneider st:ated that the City is trying to reduce the size of signs in this <3rea, and it has been done at Ground Round and Embers. CounciZwoman Jorqenson stated that there are very few peop�e in this area that do not k:now where Menards is located. Mr. Egerer stated _that t:he identification sign is the only one ti�at is visible from I-694. He stated that the sign they are proposing would be 176.25 square feet including the message center. MOTION by Councilman Billings to grant Variance Request, VAR #92-28, for Menards at 5351 Central Avenue to vary the size of a s�gn, from the code requirement of 80 square feet to a sign not to exceed 180 square fe��t with the following stipulations: (1) The sign shall remain in ef`fect until (a) the sign is altered in any way, except for routine maintenance and change of inessages, which makes the sign less in c;ompliance with the requirements of Chapter 214 than it was before the alterations; (b) the supporting structure of the sign i�; replaced or remodeled; (c) the face of the sign is replaced or remodeled; (d) the sign becomes dilapidated or damaged and the cost of` bringing it into compliance is more than fifty (50�) percent of the value of said sign, at which time all of the sign and its str�ucture be removed; and (e) notwithstanding subparagraph (a) above, upon the change of the name of the business being displayed on this sign. MOTION FAILED FOR LACK OF A SECOND. MOTION by Councilman Schneider to grant Variance Request, VAR-#92-28, for a total sign of 120 square feet with the following stipulations: (1) The sign shall remain in eFfect until (a) the sign is altered in any way, excep�-�=.for r�tin�=xm�i��ance and change of inessages, which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations; (b) the supporting struc:ture of the sign is replaced or remodeled; (cj the face of the sic{n is replaced or remodeled,t (dj the sign F`RIDLLY CITY COONCIL MEETING OF FEBRIIARY 22. 1993� <"`'PAGE"-I2 becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty (50�) percent of the value of said sign, at which time all of the sign and its structure be removed; ahd (e) notwithstanding subparagraph (a) above, upon the change of the name of the business being displayed on this sign. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings and Councilman Fitzpatrick voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. 8. APPROVAL OF 1993 HOME PI20GRAM APPLICATION: Ms. Dacy, Community Development Director, stated that the Ca�nty has access to approximately $310,000 of 1993 HOME funds, and about $210,000 of these funds are available to communities in Anoka County. She stated that the HOME program requires a local match of twenty percent of the HOME allocation. She stated it is recommended that Fridley request $70,000; therefore, the City o.r the Housing and Redevelopment Authority would be responsible for up to $14,000. She stated that the County is suggesting the HOME funds be coupled with an NIIiFA fix-up program and submit the MHFA loan amount as the local match. She stated that the Federal government is clear that CDBG funds cannot.be used as the local match for a HOME rehabilitation project. Ms. Dacy stated that the Department of Housing and Urban Development does not give communities a substantial amount of time to complete these applications, and they have to be submitted to the County by February 26, 1993. Councilwoman Jorgenson stated that the County has access to $310,000, but only $210,000 is available to the cities, and she wondered where the other $100,000 was to be used. Ms. Dacy stated that she believed the County is allocating the $100,000 to a project in Anoka. Councilwoman Jorgenson stated that she would like to know on what project this $100,000 would be used. MOTION by Councilman Schneider to authorize the submission of the 1993 HOME program application. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Ne� declared the motion carried unanimously. 9. ESTABLISH PUBLIC HEARING FOR A REQ�`7�ST T(T�"�RAN�'"`���ENCY EXCHANGE LICENSE TO INTERNATIONAL CURRENCY EXCHANGE, INC., GENERALLY LOCATED AT 7893 EAST RIVER ROAD: MOTION by Councilman Fitzpatrick to set the public hearing on this request for a currency exchange license for March 15, 1993. FRIDLEY CE�Y"l' �OiT1�CIL MEETING OF FEBRUARY 22 , 1993 PAG$ 13 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE BIDS AND AWARD CONTRACT FOR WELL REPAIR PROJECT NO. 241: MOTION by Councilwoman Jorgenson to receive the following bids for Well Repair Project No. 241: Planholder Mark Traut .Wel'�s � 151 72nd Avenue St. Cloud, MN 56301 Bergerson Caswell 5115 Industrial Maple Plain, MN 553�9 E.H. Renner & Sons• 15688 Jarvis Street Elk River, MN 55330 Well No. 2 $25,155.00 $27,003.00 $�7,941.50 Layne Minnesota $29,492.00 3147 California Minneapolis, MN 55418 Keys Well Drilling $33,959.00 413 N. Lexington Parkway St. Paul, MN 55104 Total Bid Well No. 6 $15,157.00 $18,658.00 $17,424.00 $16,785.00 $19,416.00 Well No 7 $12,770.00 $15,333.00 $13,962.00 $13,580.00 $18,629.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that Mark Traut Wells was the low bidder on the repair and maintenance for all three of these wells, Nos. 2, 6 and 7, and it is recommended the contract be award to them. MOTION by Councilman Fitzpatrick to award the contract to the low bidder, Mark Traut Wells, for the repair and maintenance of Well No. 2 in the amount of $25,155.00; for Well No. 6 in the amount of $15,157.00; and for Well No. 7 in the amount of $12,770.00 for a total bid of $53,082.00 for Project No. 241. Seconded by '�e�uncii�-rSc�2ieider. Upon a voice vote, all voting aye, Mayor Nee .,_r declared the motion carried unanimously. FRIDLBY CITY COIINCIL MEETING �F"FEBRIIARY 22. 1993 PAGB 14 11. APPROVE CONTRACT BETWEEN THE CITY OF FRIDLEY AND MAIER STEWART & ASSOCIATES INC FOR LOCKE PARK FILTER PLANT REFURBISHING, PROJECT NO. 240: Mr. Flora, Public Works Director, stated it is recommended that the City retain the services of Maier Stewart & Associates for the design and engineering for the Locke Park Filter Plant Refurbishing, Project No. 240, at a cost not to�exceed $77,500. MOTION by Councilwoman Jorgenson to approve the contract between the City and Maier Stewart & Associates, Inc. for the Locke Park Filter Plant Refurbishing, Project No. 240, at a cost not to exceed $77,500. Seconded by Councilman Sahneider. Upon a voice vote, all voting aye, Mayor Nee declared ti�e motion carried unanimously. 12. RESOLUTION NO. 20-1993 AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR THE 52ND AVENUE FLOODWAY AND CLOVER POND DIVERSION PROJECT: Mr. Flora, Public Work Director, stated that the has been working with the City of Columbia Heights no. 222 regarding drainage problems. He stated powers agreement requires both cities to approve for bids and awarding the contract. City of Fridley on this project that the joint the advertising Mr. Herrick, City Attorney, questioned if it was the intent that a contract would not be awarded unless both City Councils approve, and if so, he would suggest substituting the word "may" rather than "sha11" in the last paragraph of the resolution. He stated that the contract would not be awarded until both Councils have approved the bid. Mr. Flora stated that this was the intent of the resolution. MOTIaN by Councilman Fitzpatrick to adopt Resolution No. 20-1993. Seconded by Councilwoman Jorgenson. MOTION by Councilman Billings to amend Resolution No. 20-1993 by substituting the word "may" instead of "shall" in the last paragraph of the resolution. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to further amend Resolution No. 20-1993 by adding the following paragraph at the end of the resolution to read as Fo1l�ows: ..BE IT FURTHER RESOLVED THAT, the contract wilT `"not b�''award�d `�t`ri�`�#1 both Councils have approved the bid. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. %'RIDLLY CITY COIINCIL MEETINQ OF FLBRIIARY 22, 1993 �`PAQE'15 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION FOR ADOPTION OF RESOLUTION NO. 20-1993, all voted aye, and Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 21-1993 REVOKING MUNICIPAL STATE AID STREETS: MOTION by Councilman Fitzpatrick to adopt Resolution No. 21-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 22-1993 ESTABLISHING MUNICIPAL STATE AID STREETS• . MOTION by Councilman Schneider to adopt Resolution No. 22-�993. Seconded by Councilwoman Jorgenson. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 23-1993 REOUESTING VARIANCES FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION RULES FOR STATE AID OPERATIONS . TO ALLOW: (1) A STREET IMPROVEMENT WITH 50 FOOT RIGHT-OF-WAY WIDTH AND {2) STREET IMPROVEMENTS WITH VARIANCES FROM VERTICAL AND HORIZONTAL CURVE STANDARDS: � Mr. Flora, Public Works Director, stated that with the 1993 street reconstruction program, certain streets do not meet certain Minnesota State Aid requirements. Therefore, variances are being requested on Benjamin Street, Fillmore Street, and Cheri Lane. MOTION by Councilwoman Jorgenson to adopt Resolution No. 23-1993. Seconded by Councilman Schneider.. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 24-1993'AUTHORIZING THE APPLICATION FOR A METROPOLITAN WASTE CONTROL COMMISSION INFILTRATION/IN-FLOW GRANT• Mr. Flora, Public Works Director, stated th� Waste Control Commission is initiating a infiltration/in-flow projects. He stated proposing to Insituform line a portion of its metal sanitary sewer-collector line and could grant for.this project. He requested the Counc application for this grant. t the Metropolitan program regarding that the City is 15 inch corrugated �e considered for a il to authorize the MOTION by Councilwoman Jorgenson to adopt Resolution No. 24-1993 and identify JoYin G. Flora, Director of Public Works, ;�s the contact person for this grant. Seconded b� Counc�lman F�i�rick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY C,laUNCII, . MEETING OF_ FEBRIIARY 22 . 1993 PAGE 16 17. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 18. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 47743 through 48062.. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and �s on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, NIN 55433 Statement for Services Rendered as City Attorney for the Month of January, 1993 . . . . . . . . . . . . . . $ 2,116. 28 Newquist & Ekstrum, Chartered. 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of January, 1993 . . . . . . . . . $12,791.25 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings that the City Council of the City of _�� Fridl�ey doe��.�th�s:,= 22nd day of February, 1993 wish City Council Secretary, Carole Haddad, a very happy birthday and many more to follow. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City.Council of February 22, 1993 adjourned at 9:46 p.m, Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: MEMORANDUM _ Municipal Center _ 6431 University Avenue Northeast Willialri C. Hunt Fridley, Minnesota 55432 Assiscanc co che City Manager �.�0� (612) 572-3507 FRtDLEY FAX: (612) 571-1287 �, MEMO TO: WILLIAM A. BIIRNS, CITY MANAGER ��� FROM: WILLIAM C. HUNT, A38ISTANT TO THE CITY MANAGER `��/� STAFF PERSON TO CHARTER COMMISSION SIIBJECT: REQIIEST OF CHARTER COMMISSION TO WITHDRAW AMl3NDMENTS TO CHAPTER 2 AND SECTION 4.04 FROM FIIRTHER CONBIDERATION BY THE FRIDLEY CITY COIINCIL DATE: FEBRUARY 25, 1993 Enclosed is a.letter from Gordon Backlund, Chairman of the Fridley Charter Commission, communicating the vote of the �Charter Commission to withdraw the proposed amendments to Chapter 2 and Section 4.04 of the Fridley City Charter from further consideration by the Fridley City Council. I request that you present this matter to the City Council for action at their meeting of March 1, 1993. � � _ C�� �F FRiDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 57 t-3450 • FAX (612) 571-1287 ;' February 25, 1993 The Honorable William J. Nee Mayor City of Fridley . 6431 University Avenue, N.E. Fridley, MN 55432 Dear Mayor Nee: . On Febrtzary 22, Z993, the Fridley Charter Commission .met to consider a number of issues raised by the Fridley City Council regarding proposed amendments to Chapter 2 and Section 4.04 of the City Charter. We also reviewed the enclosed letter from the Charter Commission's lawyer, Mr. John W. Terpstra. After due consideration the Charter Commission voted to withdraw the proposed amendments from further consideration by the City Council. Sincerely, 1 Gordon Backlund, Chairman Fridley Charter Commission GB/wch/jb Cc: �William W. Burns, City Manager John W. Terpstra, Attorney at Law William C. Hunt, Staff Person to the Charter Commission 1A FEg 18 i993 TERPSTRA, BLACK, BRANDELL, KAMINSKY & HOFF'MAN ATTORNEYS AT LAW JOHN W. TERPSTRA 9�3J�AAIN STREET KIM E. BRANDE�L RONALO G. BLACK ElK RIVER, MINNESOTA 55330 WALTER M. KAMINSKY (612) 441-7040 JOHN C. HOFFMAN February 16, 1993 Mr. Wi 11 i am C. Hunt Assistant to the Fridley City Manager Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 Dear Mr. Hunt: I am in receipt of your f ebruary 5, 1993 correspondence. I understand that the Charter Commission wants to know if it can amend the Charter to provide that short term City Council vacancies be filled by only appointees who would not a� the scheduled general election, run for the office for which he or she had been appointed. Due to constitutional and statutory mandates, the Charter should not be amended to restrict short term appointees from seeking elective office to.the position for which they have been appointed. Minnesota Statute §211B.10 provides that a person may not reward or promise to reward another in a� manner to induce the person to be or ref rain from or cease f rom being a candidate. The Statute further provides that a pe rson may not solicit or receive a payment, promise or reward from another for the assurance that the person will not seek elective office. _ The Statute Section referred to above is consistent with the State and Federal Constitutions. The right to run for political office is a federal Constitutional Right. This legal maxim was spoken by a Minnesota Federal Court in the case of Johnson v. Kushing. The Minnesota Constitution provides that every person who is entitled to vote is eiigible for a� office eaective by the people in the district in which the person has resided �hirty days previous to the election except as otherwise provided by the Minnesota Constitution or the Constitution of the United States. (As provided by the Minnesota Constitution, Article 7, Section 6) Appellate Courts have reviewed the actions of governing bodies which restrict a person's right to seek elective office with a scant eye. I did not read a case where the Appellate Court found the restriction constitutional. The courts have with regularity, said that restrictions to the right to seek elective office � will meet constitutional muster only when it serves a compeling interest and acts in the least drastic way to accomplish that purpose (i.e. Minnesota Fifth Congressional District Independent Republican Party v. State 295NW2d650. . 0 � Page 2 February 16, 1993 Mr. William C. Nunt Although the Charter Amendment under consideration seeks to accomplish a poten- tially benevolent goal, if challenged, I believe it would not pass the rigid constitutional test. Is the desire to avoid creating an unfair advantage of incumbancy a compelling interest? Is there no other way to avoid creating an unfair advantage to the temporary appointee? A reviewing cou�t, with a bias in favor of the right to seek elective office and promote the free expression of politics, would most likely answer the questions negatively and therefore deter- mine the Charter Amendment to be unconstitutional. Rather than risk a constitutional challenge which may result in a costly defeat for the Commission, I would suggest that other options be considered. Sincerely, TERPSTRA, BLACK, BRANDELL, � KAMINSKY & HOFFMAN By : , � G� � �.,.-�--., n W. Terp"stra JWT/kmh �o��s,.,. �, � 1C ORDINANCE NO. ��' AN ORDINANCL AMENDING CHAPTER 2 AND SECTION 4.04 OF�THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 2 . . . ., . .. . CITY COUNCIL ORGANIZATION Section 2.01 COUNCIL-MANAGER PLAN.IMPLEMENTATION l. The form of government established by this Charter shall be known as the "Council-Manager Plan.—" pursuant to Minnesota Statutes. COMMENT: CLARIFIES THE SOORCE OF.THE ��COIINCIL-MANAGER PLAN.�� 2. Al1 discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete contral over the City administration, but shall exercise this control exclusively,through the City Manager and shall not itself attempt to perform any administrative �l� duties. 3. The Council shall �se�€-��, �~a �'��'' perform �the duties and exercise the powers of all �a� Citv boards and commissions except as n�n otherwise provided bv statute or by this charter. It may�ze��oFe� � by ordinance ereate commissions with advisory powers to investigate any subject of interest to the municipality. 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses,.administer oaths, and compel the production of books, papers and other evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of th� =Counc�. tr. �:-�.:='��` COMMENT: MOVED FROM PRESENT SECTION 2.08.01. ERPANDS THE ABILITY OF THE COIINCIL TO REQIIIRE PRODIICTION OF NONDOCITMENTARY EVIDENCE. Ll_�J .-�••� -5. Any member of the Council may request in writing any specific .,�� _ ` information relating ta any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref. Ord. 592) COMMENT: MOVED FROM PRESENT SECTION 2.08.02. 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager, and neither the Council nor any. member thereof shall give orders�to any of the subordinates of the City Manager, either p�blicly or privately. • COMMENT: MOVED FROM PRESENT SECTION 2.09 Section 2.8�02. ELECTIVE OFFICERS 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters. 2. The Mayor shall be elected at large €� in each United States presidential election year to. a��?� e��ee _�?��__; e��c e�--�e-#e-��ee�e���T9'� -�p�€e�-a �A��cui�t�r�f�^"'cr� --zzi�E—�3�9�6i1--E�GG1��--�e �.u... ..rc • c term of four (4) years. �-3.. One (1): Councilmember shall be el°ected at large in each United States presidential election year to ' Ll.. � ...L ... �L L 1 l L. �. v 1SD7 CTiZ- .CTTTTI � 1 ....�. e�-s��e-t�-i- e�ee�ee'�--' �-�.-�t�i �,.a , . � �,��e F � ... �..,.. - ... .i :.. i.. .. � � 7.+ C�GGIT.9Z'Q'e'����r4'C �ee�e�-€e� a term of.four (4) years. �4 . Three ( 3) Councilmembers shal l be elected To--� - ��==�s�T-t�r� in each Minnesota aubernatorial election year ,from three (3) separate Wards of The City, � s.. .. � i i.. � r. a wr � �9�f3hfi � �`�9-�—�rra�zrre--��9� �G}iii��2frE3t�3E�—�A�t'�l�r--i�l9� i 3J9-5��=��r��e�^�^a �~�e�n-ita-�ds-�te�-a�e�-P�e-��'�e . . � �re�-�e-�r��s-e�ee�e1�E�--e�ee�e€-�e�re�nte�e=-re��-i+.� a� E���e�e�€e=�:�i�-3 s'���-'�e-e-�e��ee�-�e�-a-te-�tt to terms ��.�ry ��.�=�r of four ( 4 ) years each, . . . . . . ,�.�:, _`.__ j' c9ii'iR'�i,'ii��i�ia�-��r•� �hr�—rnxscnn cl orsi��a �� LLv v"' vV . . 6i�9iiii@-i�iR��—�°,,. �n��.a " 9�...�zr�r'r'r-�@—�'r2��"��--`r'vi -t���laii!—v°r .1E � COMMENTB: SECTIONS �.03�'�#"AND-2.03.05 MOVED TO NEW SECTION 2..04. tr.-5. The term of Mayor and of each Councilmember shall begin on the first e€€��za��si-�� day "�� -L'- of January following their election to office and shall end on December 31 of the last vear of the term. The incumbent may remain in office until �e�c a successor has been duly e�e��e --a '��� qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. COMMENT: CHANGES THE TIMES WHEN TERMS BEGIN AND END. 6. The Council shall be the judge of the election of its members. COMMENT: SECTIONS 2.03._07 �TD 2.03.08 MOVED TO NEW SECTION 2.04. SECTION 2.04 MOVED TO NEW SECTION 2.05. SECTION 2.05 MOVED TO NEW SECTION 2.06. Section 2.8603 THE MAYOR • 1. The Mayor shall be the presiding officer of the Council, except that , a. mavor pro tem shall. be chosen from the remaining Councilmembers to `-�'a -°�'-� serve at the pleasure of the eouncil, who shall act as Mayor in case of the Mayor's temporary disability or absence from the City. COMMENT: CORRECTS THE TITLE OF THE MAYOR PRO TEM AND SPECIFIES THAT THE APPOINTMENT IS ONLY FOR THE TEMPORARY ABSENCE OR DISABILITY OF THE MAYOR. 2. The Niayor shall vote as a member of the Council. 3. The Mayor shall exercise a11 powers and perform all duties conferred and imposed hy this Charter, the ordinances of the City and the laws of the State. 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. COMMENT: THE F.OLLOWING SENTENCE IN 2.06 MOVED TO NEW 2.01.07. 5. At the direction of the Council 31the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any.officer or department of the City. 6. In time of public danger or emergency the Mayor may, --"-�- '-`-- �e�l���'�-��s�; take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. ' 1 F= COMMENT: REVISED TO ALLOW MAYOR-��O TAICE CONTROL IN TIME OF EMERGENCY WITHOIIT.FIRST HAVING TO SEER COUNCIL APPROVAL. Section 2.04 WARD COUNCILMEMBERS 1. The City is divided into three (3) separate election Wards designated as `�'�T Ward 1, Ward 2, and Ward 3. - - - - - •- - - - • -- - - -- ---- � i�t�re�P€e�: crr9z�t�-�'�e� COMMENT: REVISED FROM PRE3ENT SECTION 2.03.04 2. 3�e A Ward Councilmember e�-ee-�e� €�e�-a-��-� must be a resident of such ward. ____ � e--�e--a�e9��� '-'--�--� �� ��-ea��e--a-�a�a�e�a�e��r-t-�re-e€€��e-e€--���ne��T�e�-�� , se��g °�•�'- '-�� ��-~~�. If the Ward Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a chancte in ward boundaries during the term of office shaTl not disqualify the Councilmember from completing the term. COMMENT: REVISED FROM PRESENT SECTION 2.03.05. 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council and after each decennial census of the United States, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent (3%) from the average of the three (3) wards. COMMENT: MOVED FROM PRESENT SECTIQN 2.03.07 4. , s'���-re����e-ira�a-�el-���res—�k� The redetermination of ward boundaries shall be accomplished within the deadlines established by Minnesota law. If no deadlines are established bv law, then redistrictinq must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2), and if the Gouncil shall fail to do so their remuneration shall be forfeited until the wards of the City are duly redetermined as required by �his Charter. 1�G COMMENT: MOVED FROM PRESENT SECTION 2.03.08 -�--�P -�-,- Section 2.8� 05. DISQUALIFICATION FOR APPOINTIVE OFFICE No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall. any member hold any other paid municipal office or employment under the City; and ar�-? �±np �'_; no former member shall be appointed to any paid office or employment. under the City until one {1) year aft.er leaving office. COMMENT: THIS CLARIFIES THE DISQIIALIFICATIONS OF CITY COIINCILMEMBERS FROM BEING EMPLOYED BY THE CITY. Section 2.8�06 VACANCIES IN THE COUNCIL l. A vacancy in the Council shall be deemed to exist in c�se of the failure of any person elected thereto to qualify oh or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony, of any such person whether before or after their qualification, or by reason of the failure of any councilmember without good cause to perform any of the duties of inembership in the Council for � a period of three (3) months. In each such case, the Council shall by resolution declare s���a vacancy to exist_ � s�..., , �..�.�,.... ��. . (Ref . Ord. ) 2. If a vacancv is year of the term of office in question the Council shall ca11 a special election to be held not less than €e?�j=•-���? �s"� thirty (30� days nor more than sixty (60) days from the time such vacancy is declared. The Council shall designate a with 5ection 4.06. (Ref. Ord. ) 3. In the case of a special election to fill the vacancy, �e �� ��-� e--�re��i�ta��e-�-ee�-re�: "'�e-�� rd-a���e��i��rg�e 3-a�e e�-e��e�es s= �'��� e--e�e��e�e-���—the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the schedulinq of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. ) � � . �t�e}rs-at�te�pe r�-ad�el-��re _ .. , _.L... � � � �. � 1H ,�..0 , � . _ .::�.�..: ___� ��63.-i�iR�t'�'-9rs'i£rirA _ �.. � � �. _ � T � T F �•1. ��R..CI. ��C�'••.•�•�GRZTG—RZ �e'�—'R1Ti'e'�"�GZZ�r���ii� � �'e s��ei-�ftEi���''.-izi—ti'n@—�9—��3CG--9�....� ;�i,. a.i,.�-9�3viiC�C� $ . ��—�i@—��@9--i�G3ii�---c'��e--e��3@—S�iit@--��3���—�ie ���' - • � . � . 4. If the vacancv is declared to occur on or after July 1 but before October 1 of the fourth year of the term of office in �uestion, the Council shall appoint (within thirty (30) days of the vacancy declaration) by majority vote a qualified citizen who is not a candidate for any municipal office in the ����.- general election in question. The appointee shall assume office immediate�y and complete the unexpired term (Ref. Ord. ) 5. If the vacancv is declared to occur on or after October l of the fourth vear of the term, the winner of the general election shall be qualified and take office immediately If the winner of the cteneral election cannot take office due to reasons indicated in Sec.tion 2.06.01 above the Council shall , declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above The person so elected shall serve out any of the remainder of the unexpired term as. well as the full four year term. (Ref. Ord. ) 6. Ii the Mayor's position is declared vacant the Councilmember- at-Larae shall serve as Mavor until the vacancv is filled (Ref. Ord. ) 7. Ii at anv time.the membership of the Council is reduced to less than three (3) members, the City Manager shall order a �ecial election after the manner provided in Sections 2.06.02, and 2.06.03 above to brina the membership of the council up to five (5). (Ref. Special Election 3/25/75, Ord. 776, Ord. 857, Ord. ) 8. If the position of Citv Manaqer is vacant the Citv Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose jurisdiction the corporate offices of the City of Fridley lie shall order such an elECtion. (Ref. Ord. ) Section 2.07 SALARIES AND EXPENSES The Mayor and each Councilmember shall receive =�_� l-==Y reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1st of the year preceding payment of the same. TT...�;, �.w.. ��� 11 , �@Ee-'li,�@�-��i2--��3�@ia'-�i3�-�'`6�tit�iH'�iit�9El°'9 6f a.i.._ t�_� � ...,. �.o L+.,._a� .... �J� �j � When authorized by the Council, its meYnbers shall be remunerated for their reasonable expenses incu"rred in connection with the City'`s business. The City Manager and all subordinate officers and employees of the CIty shall receive such reasonable compensation as may be fixed by the Council. COMMENT: SECTION 2.08 MOVED TO NEW SECTIONS 2.01.04 AND 2.01.05. COMMENT: SECTION 2.09 MOVED TO NEW SECTION 2.01.06 CHAPTER 4 NOMIIJAT-IONS AND ELEC.TIONS Section 4.04 SPECIAL ELECTIONS. The Council may by resolution order a special election, fix. the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Special elections for vacancies in the Citv Council shall be held in accordance with the provisions of Section 2.06. (Ref. Ord. ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1992. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - ACTING CITY CLERK 1J . � � � . Community Development Department PLANIVING DIVISION City of Fridley DATE: February 25, 1993 �/�. 1b TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Second Reading of an Ordinance Approving a Rezoning Request, ZOA #88-04, by Community Development Corporation (Westminster) Attached please find the above-referenced ordinance and staff report. The ordinance rezones the.property located generally north of St. William's Church from R-2, Two Family Dwelling and C-3, General Shopping Center,.to R-3, General Multiple Family Dwe�ling to permit the construction of a multiple family elderly housing project. The City Council at its March 20, 1989 meeting held the first reading of the attached ordinance. Consistent with past policy, the second reading of the ordinance was held pending construction of the project. The petitioner has received preliminary funding commitments from HUD to construct the building. Staff recommends that the City Council approve the second and final reading of the attached ordinance so that construction may begin in 1993. MM/dn M-93-79 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. SECTION 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 1 through 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park. Is hereby designated to be in the Zoned District R-3, General Multiple Dwelling. SECTION 3. -That the Zoning Administrator is directed to change , the official zoning map to show said tract or area to be rezoned from Zoned District R-2, Two Family Dwelling and C-3, General Shopping Center, to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF�THE CZTY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: February 13, 1989 March 20, 1989 2A WILLIAM J. NEE - MAYOR _ � CITY OF FRt DLEY ,3 �, REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATtON SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONtNG �$ PARK DEDICATION ANALYSIS FINANCIAL 1MPLICATIONS STAFF REPQRT APPEALS DATE N/A PLANNING COMMISSlON DATE November 9, 1988 CITY COUNCIL DATE : February 13, 1989 AUTHOR BD/dn CONFORMANCE TO COMPREHENSNE PLAN �COMPATIBILITY WITH ADJACENT USES 8� ZONaVG ENVIRONMENTAL CONSIDERATIONS ZOA 4�88-04 Community Development Corporation for the Archdiocese of Minneapolis and St. Paul Rezoning request from R-2 and C-3 to R-3 Northwest corner of 5th S�r.eet and 6'Ist Avenue, north of St. William's church. . 2.79 acres N/A R-2 and C-3 • North, R-2 (duplexes); South, C-3 (church); East, R-1 (single family); West, C-3 (str.ip center). Municipal services available. $750.00 for residential lot s.plit. . HRA assistance may be requested. Yes. Yes. Site is depressed below street elevation, currently used as a ballfield. . . ..� �: STAFF RECOMMENDATION Approval. APPEALS RECOMMENDATION N{a PLANNING COMMISSION RECOMMENDATION Staff Report, ZOA #88-04 - ; Community Development Corporation Norwood Square Page 2 REQUEST The subject parcel., Lots 1- 16, Block 1 and Lots 1 and 30, Block 3, Norwood Addition, is bisected by two zoning districts. The R- 2, Two Family Dwelling district is located on the eastern half of the property, immediately adjacent to 5th Street N.E. The C-3, General Shopping Center district is located on the western half of the property, abutting the Moon Plaza Shopping Center property. This zoning pattern exists from the subject property south to 61st Avenue N.E. and includes the existing church property. The R-2 district permits "housing for the elderly" as a special �se permit and the C-3 district permits "housing for the elderly" as a permitted use; however, staff advised the applicant to petition for a rezoning in order that the property could be evaluated by one district's regulations rather than having the property regulated by two districts. The R-2 and C-3 districts do not contain the appropriate lot and structure requirements to regulate the proposed project. Further, the continuation of commercial zoning along the rear portion of the Moon Plaza Shopping Center would not be appropriate. Finally, the rezoning application to R-3 would provide a buffer from the existing C-3 zoning to the west and south. ANALYSIS In evaluating zoning district changes, the intent, uses and structure regulations of the proposed district should be evaluated to determine its compatibility with adjacent zoning and land uses. The intent of the R-3 district is to permit a variety of residential housing, including single family dwellings, two famiZy dwellings and multiple dwelling complexes. These uses serve as a buffer from uses permitted by commercial districts, such as the C- 3 district. Further, while the R-3 district permits multiple family complexes at a higher density than the R-1 or R-2 districts, multiple family dwellings can be compatible with single and two family dwellings depending on design and locatiori. The R-3 district permits hotels, motels and highrise apartment buildings as a special use permit. As special uses, the City would have the ability to deny potential applications if the use would have adverse effects on the neighborhood. Upon preliminary evaluation, these uses would not be appropriate at this location. � :�. a ,,�; . The lot and structure requireme�ts in the R-3 dis�rict�are more restrictive than the setbacks in the R-2. The required setbacks will maintain a 35 foot yard area along 5th Street N.E. and a 15 foot yard area adjacent to the existing duplexes to the north. The lot area requirement dictates 2,500 square feet per living � � � Staff Report, ZOA #88-04 Community Development Corporation Norwood Square Page 3 unit, however, the ordinance also allows a 300 square foot reduction per underground parking space. The intent of this regulation is to discourage as much on-surface parking as possible and maximize the amount of open space. The staff report on�the lot split application explains the necessity for a lot area easement on the church property in order for the proposed site to meet the lot area requirements. CONSISTENCY WITH COMPREHENSIVE PLAN The proposed rezoning request will be consistent with the intent. of the comprehensive plan to provide a variety of housing types in order to meet the different housing needs of the City's residents. The subject parcel is specifically identified in the comprehensive plan as having potential for medium density housing development (see atta,chment).� The proposed rezoning is also consistent with the objectives of the Center City Redevelopment district in that it will enable utilization of long vacant property. SUMMARY The proposed rezoning is appropriate as it will act as a buffer between the existing commercial use and th� lower density residential neighborhoods to the north and east. The.rezoning will also eliminate two zoning districts bisecting the property. Finally, the proposed rezoning is consistent with the comprehensive plan and the redevelopment effort of the Center City district. Staff recommendation for approval of the rezoning is conditioned upon approval of the lot split request since it is necessary to execute a lot area easement. It is not conditioned upon approval of the special use permit request, since approval of the zoning action is necessary in order to consider the special use permit request. ' RECOMMENDATION Planning staff recommends the Planning Commission recommend approval of ZOA #88-04 to rezone Lots 1- 16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition, from R-2 and C-3 to R-3, subject to approval of lot split, L.S. #88-05. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of ZOA #88-04, to rezone the subject parcel from R-2, Two Family Dwelling and C-3, General Shopping, to R-3, General Multiple Dwelling, subject to approval of the lot split request. 2D � Staff Report, ZOA #88-U4 "�" �.:: .. -. Community Development Corporation Norwood Square Page 4 CITY COUNCIL ACTION At the February 13, 1989 City Council meeting, the public hearing for the rezoning request was closed, and the special use permit request was tabled in order to study the types of materials proposed for the exterior facade. In response to the City Council's concern, Muffie Gabler from Community Development Corporation, has analyzed the construction and rental cost impacts of using different building materials (see attached letter dated March 9, 1989), specifically brick and wood versus rock face block and aluminum siding. Ms. Gabler states that providing an all brick exterior will increase construction costs, interest and fees by $195,5.00. This would cause an additional rental cost per unit of $34'.00 .per month. She also states that an all brick exterior would present too much of an institutional appearance. Another option proposed is to replace the rock face block with brick to the first floor windows. This would increase construction costs by $73,300 and increase rental costs by $13.00 per unit per month. Gabler states that Community Development Corporation will not �ccept any scenario which includes wood siding because o€ i.ts high maintenance and construction costs. CITY COUNCIL RECOMMENDATION Staff maintains its original recommendation to approve the proposed materials, including the.rock face block to the first floor, and � aluminum siding and •stucco. The proposal is �an appropriate architectural treatment, given the location of the building in this particular neighborhood. As the applicant correctly points out, the proposed finishes are predominant with other housing structures in the neighborhood. In order to address the Council's concerns, the applicant has proposed an alternative to use a brick exterior to the first floor windows. While brick has been incorporated into recent multi-family projects such.as Springbrook Apartments, the rock face block is an acceptable alternative. It is recommended the City Council approve the ordinance for first reading. 2E FRIDLEY CITY COUNCIL MEETING OF MARCH 20. I989 PAGE 9 conformity wit% State election laws at that t'te� He stated since the State election laws do change fro me to time, and these statutes supercede the Charter, seems best to remove the specific requirement of the n of days and replace it with more general terminology to co' ide with State statutes. MOTION by Counci n Fitzpatrick to waive the first reading and approve the inance upon first reading. Seconded by Councilwoman Jorgen . Upon a voice vote, all voting aye, Mayor Nee declared the otion carried unanimously. 5. CONSIDERATION OF FIRST READZNG OF AN ORDINANCE APPROVING A REZONING. ZOA #88-04, BY COMMUNITY DEVELOPMENT CORPORATION: Ms. Dacy, Planning Coordinator, stated staf.f would recommend the first reading of this rezoning ordinance, however, the second and final reading of the ordinance would not be held until the conditions of the lot split and speciaZ use permit have been satisfied. MoTION by Councilman Billings to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF ELIMINATING A CONDITION OF APPROVAL OF VAR #88-26, BY STYLMARK, INC., 6536 MAIN STREET N.E:: Ms. Dacy, Planning Coordinator, stated Stylmark, Inc. was anted a variance on November 15, 1988, with four stipulati s. She stated one of the stipulations was that the applic t sub'mit a landscape plan to the City staff for review and ap oval prior to issuance of a building penait. She stated the pl was to increase the existing parking lot screening from public 'ght-of-way and the landscaping was to be installed by June 1, 9. Ms. Dacy stated prior to the meeting t's evening, the staff inet with Mr. Brink and Mr. Mooty regarding e parking lot landscaping. She stated the original intent was provide landscaping in front of the parking lot on the south de and on the southeast corner of the property to screen the oading dock. Ms. Dacy stated Mr. Mooty objected to the landsc ing between the parking lot and the frontage road because the road is only used for the school bus traffic in the mornings d afternoons and because the parking lot cannot be seen from he traveled right-of-way of Mississippi Street. Ms. Dacy stat staff agreed that the landscaping in this a'rea could be wa' ed, however, screening should be installed near the loading k to meet the ordinance requirements. She stated as you drive ong the service road, there is a full view of the loading ZF m FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 1989 Pg�`-g aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:58 p.m. 3. AND GRANT PROGRAMS• MOTION by Councilman Fitzpatrick to waive the re ing of the publ ic hearing notice and open the public hear' g. Seconded by Councilwoman Jorgenson. Upan a voice vote, 1 voting aye, Mayor Nee declared the motion carried unanimously nd the public hearing opened at 8:59 p.m. _ Ms. Campbell, Planning Assistant, state there was a person present to communicate with the hearing impa ed if this was necessary. Ms. Campbell stated this hearing i in regard to the allocation of 1989 Community Development Blo Grant funds. She stated the County has revised the 1989 al cation to $109,899. Ms. Campbell stated the distribution of ese funds is proposed as follows: $69,236 for the Riverview eights project; $34,068 for human services; and $6,595 for mmercial rehabilitation. No persons in the audie ce spoke regarding the ailocation of these Community Development lock Grant funds. MOTION by Council n Fitzpatrick to close the public hearing. Seconded by Coun lman Schneider. Upon a voice vote, all voting aye, Mayor Nee eclared the motion carried unanimously and the public hearing closed at 9:05 p.m. MOTION by C ncilman Fitzpatrick to approve the allocation of the 1989 Comm ity Development Block Grant funds as follows: $69,236 to the R' erview Heights project; $34,068 for human services; and $6,595 for commercial rehabilitation. Seconded by Councilman Schne'der. Upon a voice vote, Councilman Fitzpatrick, Councilman Sch ider, Councilman Billings and Mayor Nee voted in favor of the mo ion. Councilwoman Jorgenson abstained from voting. Mayor Nee clared the motion carried. 4. PUBLIC HEARING ON A REZONING. ZOA #88-04 BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MINNEAPOLIS AND ST. PAUL. PER SECTION 205.09.O1.C.7 OF THE FRIDLEY CITY CODE . TO ALLOW HOMES FOR THE ELDERLY ON LOTS 1 THROUGH 16 � BLOCK 1 AND LOTS 1 AND 30, BLOCK 2, NORWOOD ADDITION TO FRIDLEY PARK. GENERALLY LOCATED EAST OF` `ST. WIELIAM'``S°'``CHi�R�: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded 'by Councilwoman Jorgenson. Upon a voice vote, ali voting aye, Mayor 2G � FRIDLEY CI•��"'COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 9 Nee declared the motion carried unanimously and the public hearing opened at 9:06 p.m. Ms. Dacy, Planning Coordinator, stated this is a request to rezone property adjacent to St. William's Church from R-2 and C-3 to R-3 for a senior housing project. She stated the Planning Commission considered the rezoning application and recommended approval. Ms. Dacy stated the lot and structure requirements in the R-3 district are more restrictive than the setbacks in the R-2. She stated the required setbacks maintain a 35 foot yard area along 5th Street and a 15 foot yard area adjacent to the existing duplexes to the north. Ms. Dacy stated this housing project will consist of 70 units, 50 one bedroom units and 20 two bedroom units. She stated common areas will be provided, including laundry rooms, storage closets, lobby, a dining/multi-purpose room, and a workshop and lounge. Ms. Dacy stated the building is H-shaped and exterior materials are masonry, rock face block, aluminum and stucco. She stated adequate parking has been provided. Ms. Dacy stated the petitioner, Community Development Corporation, wanted to finalize their plans and apply to the HRA for funding. She stated it was necessary to obtain an easement from the church which would guarantee there would not be any buildings within the easement in order to meet the R-3 district requirements. Ms. Dorie Meade, Housing Resources Corporation, stated they are providing technical services to the Community Development Corporation for the Archdiocese of Minneapolis and St. Paul. Si�e introduced Mr. Steve Ludovissie, Director of Housing and Management for Community Development Corporation, the management arm for the Archdiocese, and Mr. John Culligan, Architect from Boarman and As�sociates. � Ms. Meade stated the need for this project was first identified by St. William's Church which established an elderly housing task force. She stated St. William's agreed to make the site available and an independent market study was conducted to determine the need :; for the project. . Ms. Meade stated Community Development Corporation agrees with the market study and feels this is an excellent site for senior housing. She stated the name Norwood Square was selected as this housing will be located in the City's Norwood Addition. �` Ms: Meade s�ated Norwood Square will have a full-time manager on _- site and a personal security system included in each apartment. She stated pull`cords will be located in each bath and bedroom for residents to call for emergency help. 2H FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13,'�9 • PAGE 10 Ms. Meade stated Community Development Corporation plans to take all the necessary steps to meet the range for rents recommended in the independent market study. She stated, hopefully, rents will start at $500 per month for a one bedroom unit and between $750 to $800 per month�for a two bedroom unit. Mr. Ludovissie stated Community Development Corporation was established in 1974 and is a non-profit organization created for the purpose of serving needs of low and moderate income families. He stated they concentrate on the needs of residents in all the buildings they manage. Councilwoman Jorgenson asked the size of the apartments. Mr. Culligan, Boarman and Associates, stated the one bedroom units will be about 608 sguare feet, but could vary up to 650 square feet. He stated the building is three-stories, wood construction, with underground parking. He stated the driveway entrance is on the east to a central drop-off area which is handicapped accessible to the main lobby. Mr. Culligan stated in addition to the H-shape of the building, there is a hip roof to scale it down and minimize the height fronting on the street. He stated three different types of material will be used for the exterior including rock-faced block, aluminum siding, and stucco. Mr. Culligan stated they have worked with the City staff to develop a landscaping plan that will enhance the building and character of the neighborhood. He stated Norway Maples will be planted along 5th Street and crab trees planted around the parking lot. He - stated there would be a four foot hedge betweet� the parking lot and street. He stated eight foot evergreens would be planted to the north along the entire property line. Mr. Culligan stated they are proud of the project they have developed and hoped the citizens of Fridley will also be proud of it. Some questions from the audience included the size of the bedrooms, type of heating, laundry facilities, entrances, and rents. Mr. Culligan stated tne bedrooms are about 12 feet wide by 15 feet long. He stated the entire unit is about 24 feet wide. He stated the heating is hot water baseboard and individual window units will be provided for air conditioning. He stated there are laundry facilities on each floor and one main entrance, but exits on each wing for fire purposes. He stated the square footage for the two bedroom unit i's between 800 to 1,OOO.and rents �zould be from $750 to $800 per month. . - " _ - Ms. Meade stated rents have not been firmly established because the financing has not yet been arranged. She stated, hopefully, they will be between $500 to $800 per month depending on the unit. -- 2' � � "' FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE'il Councilwoman Jorgenson stated underground parking would not be available for all residents and asked how it would be determined who would receive these parking spaces. Mr. Ludovissie stated a lot of time senior citizens do not drive and do not have vehicles. He stated probably only 50 to 60 percent would have vehicles and the maj ority of tenants could be served with underground parking. Councilwoman Jorgenson asked if there would be an additional charge for underground parking�. 1!�s. Meade stated there would be a charge and the rate is about $40 per month. Mr. Ron Nienaber, 6251 5th Street, stated he is appalled with the building materials proposed for this project. He stated what is proposed is an industrial building material and aluminum is cheap. He stated it appears they are building as cheaply as possible, but the rents are high. He� also stated central air conditioning is more energy efficient. He stated the units would still have their. individual controls as they do with the heating. Mr. Nienaber stated he is not necessary opposed to senior housing across the street from his residence, but would like.to have a nicer building. Ms. Dacy stated the HRA would address this issue of exterior materials if they apply for financial assistance. Mr. Nienaber stated if this property is rezoned, technically, any apartment building could be constructed and not necessarily senior housing. Ms. Dacy stated the procedure is established so that action would be taken on the lot split and special use permit requests before the final reading of the ordinance for this rezoning. She stated restrictive covenants would be filed with the special use permit that the building would be used only for senior housing. Mr. Maertens, 144 Rivers Edge Way, stated he is the owner of a duplex immediately to the north of this property. He stated he is opposed to the exterior materials to be used as he felt they did not belong in a residential neighbarhood. � �.._�. .. ._ Ms. Meade stated there seems to be a misunderstanding as far as a_ .. ��� ��'�the aluminum siding. She stated it is very unusual for residential °� »-� ��-° dwellings to be constructed with wood siding because of the constant maintenance. She �elt the building would be very attractive and a combination of materials will make it appear more residential in nature. 2J � �2IDLEY CITY COUNCIL MEETING OF °;�?E$�UA�tY 13 1989 ° PAGE �1� Councilman Schneider stated Fridley has a tradition of requiring brick or brick surfaces on buildings. Ms. Meade stated it is something they could consider, but felt brick would make it look more institutional. A gentleman in the_audience commented that this was the nicest looking apartment building he has seen proposed for Fridley. No other persons in the audience spoke regarding this proposed rezoning request. MOTION �by Councilman Schneider to��close the public hearing. Seconded by Councilwoman Jorgenson. -Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:55 p.m. OLD BUSINESS• 5. CONSIDERATION OF A SPECIAL USE PERMIT SP #88-15 BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MINNEAPOLIS AND Mayor Nee stated the question of the exterior aterials to be used on this building was discussed in conjunct' n with the rezoning. He felt the stipulations for the type exterior construction would probably be part of this special se permit. Mr. Herrick, City Attorney,�felt ' would be.premature to take action on the special use permi this evening if there is not agreement on the exterior mater' ls. Councilwoman Jorgenson felt �iie issue of the exterior materials to be used in construction h�.ar to be addressed. MOTION by Councilwoma Jorgenson to table this item until staff and Community Deve opment Corporation discuss the exterior materials and subm' recommendations to the Council. Seconded by Councilman Schne' er. Upon a voice vote, Councilwoman Jorgenson, Councilman Sch ider, Councilman Fitzpatrick and Mayor Nee voted in favor of e niotion. Councilman Billings voted against the motion. Ma r Nee declared the motion carried. 6. 0 ADDITION TO FRIDLEY PARK PLAT TO BE DESCRIBED AS LOTS 1 - THROUGH 16, BLOCK 1 AND LOTS.1 AND 30 BLOCK 2 NORWOOD 2K r I _ � DATE: TO: FROM: SUBJECT: w. ,,. Community Development Department PLANNING DIVISION City of Fridley February 25, 1993 William Burns, City Manager Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit Request, SP #93-01, by Westminster Corporation Attached please find the above-referenced staff report. -Approval of the special use permit request would permit the construction of a three story, 50 unit multiple family dwelling for elderly and handicapped persons. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following amended stipulations: 1. A storm water pond main�enance agreement shall be executed and recorded against the property. 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against the St. William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. 3. An underground irrigation system shall be installed one year from the issuance of a certificate of occupancy. 4. The applicant shall record restrictive covenants against the property which dictate that the project is for the elderly and handicapped only; elderly is defined as those persons 62 years of age and older, and handicapped as defined in Section 202 regulations. The covenants shall be consistent with Section 202 regulations, and if Section 202 regulations are amended, said covenants shall be amended with the mutual consent of the City of Fridley. The covenants shall remain in effect for a minimum of 40 years and longer if the law allows. The covenants shall be reviewed and approved by the City Attorney prior to recording. ..._.. _. . 5. Lot split request, L.S. #93-01, shall be approved. 6. The exterior shall be brick. SP_#93-01, by Westminster Corp. February 25, 1993 Page 2 Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-86 �,-�r 3�4 - � . � _ � �. r� � �� REQUEST Permit Number Appticani Proposed Request Location SITE DATA Size Density Present Zonir�g Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility wFth Adjacent Zoning and Uses Environmental Considerations RECOn'IlVIENDATION Staff Appeals Commiss;on Planning Commission Author MM/dn S TAFF REP O RT �.�: _ Community Development Department Appeals Commission Date Planning Commission Date : February 24 , 1993 City Council Date : March 1, 1993 SP 4�93-01 Westminster Corporation To allow the construction of elderly housing in the R-3, General Multiple Family Dwelling district. 6200"`�� 5th Street N.E. � � 122,669.86 square feet C-3, General Shopping Center and R-2, Two Family Dwelling Vacant C-3, General Shopping to the west; R-2, Two Family Dwelling to the south and north; R-1, Single Family to the east Retail and inst.itutional to the west; residential to the nor.th and east. Six Cities 1 with stipulations Approval with stipulations � SP �� 93=-01 : Westminster Corp. � S �/2 SE`�: /4 T. 30 R. 24 , C/TY OF FR/OLEY J,U�.. �i ,�, ,, _--;�--. ��� � h J � . . � Q�P �. �ANE U,� Jl� !�l '�n;{ / �•. ",;• �` , - .::r-� . oRivE ` � `�, ,�<,�� :;�� � � P,, ;r1 �r) �l, _—N!�'IE � AV �r� �� ";:� r, ;a;.. „ �, s ' ORtVE ; �n� :[�1�: �R�. -.� .��U Mn w) NJ • DRIVE::-. ,,,�� ,'':�t• ��,I � . � � ..' S�� n 3! � I� /�. 2 L. �..� �/ �� � 3C LOCATION MAP �:� i�`7 } I H 1 � SP ��93-01 Westminster Corp. � • c.: - — �. .� � . ,� 9 �: � � •• 6 � �_�,- 1 �-� ,} � ,� � z � , - , �. 6 � B. ` ' ,� 3 Z , '6: _� .. /v � .o � �� 5, ♦ � 3 � 1 � _ � //��r�, F � , / .. ' ,,� J 1 .�`/y �� B! 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Y.;;� _ 3r 4 s � F� � . � .. : �'�.•� f f � � � F`v j L G �`� ��� �, i �'.'. 7 7 � .. J� d fl � � r ,�. I � � - �.i � �_`�' � � � r, .. ,: ' fwFR�D C� � , " ii �i �', ,r, ��' � F R IQ�., E Y 7 .r =�. ,•:.;►��'�F ""t, :`��i' �� L i3 � /1 � � �` `,� � �, M I D D • S .ff � `.f w � � � .�. , 3 /L /` ��• � � € I i7 i� ����� ��. _ �� z� ii is �3 f. d"1 �? z ' ro i! :'1 il r."_ � � }':�' �� ,� - - J ZONING MAP � Y: �s�s3h Staff Report .- SP #93-01, by Westminster Corporation Page 2 REOUEST The petitioner has requested a special use permit to allow the construction of elderly housing in the R-3, General Multiple Family Dwelling zoning district. In addition to the special use permit request, the petitioner is also processing a lot split request to create a separate parcel for the proposed development. SITE The property is vacant and is located between 5th Street N.E. and : Moon Plaza, north of St. William's Church administrative building. The property is currently zoned R-2, Two Family Dwelling, and C-3, General Shopping Center District. In 1989, the City Council held the first reading of a rezoning, to rezone the subject parcel to R-3, General Multiple Family Dwelling. Adjacent parcels are zoned C-3, General Shopging Center District to the south and west, R-2, Two Family Dwelling to the north, and R-1, Single Family Dweliing to the east. Historv In 1988, the Community Development Corporation proposed to construct a 70 unit, three story elderly high-rise with underground parking. The project was comprised of 50 one-bedroom and 20 two- bedroom units. The exterior treatment was proposed to be brick, siding, and stucco. At that time, the project was not constructed due to a lack of available funding. The City Council approved the ordinance rezoning the property to R-3, General Multiple Family Dwelling for first reading on March 20, 1989. Second and final reading will occur along with the lot split and special use permit. ANALYSIS Westminster Corporatiom, which is a subsidiary of the Community Development Corporation, has recently received confirmation of Section 202 federal funding to construct a new elderly housing project. The current proposal is a three story, 50 unit, low and moderate income elderly and handicapped facility. The project does not have underground pa`rking or garages. The exterior is proposed to be brick. A comparison of the 1988 and 1992 projects is provided as Appendix A. _ , �� . �.� �Y���� Zoning Requirements The proposed project meets the minimum setback, height, and lot width requirements set forth in the R-3, General Multiple Family 3E Staff Report -- SP #93-01, by Westminster Corporation Page 3 Dwelling district. The project, however, does not meet the minimum lot area requirement of 127,500 square feet. The minimum lot area is calculated by multiplying 2,500 square feet by the number of units (51). The project provides only 122,670 square feet. The project is short approximately 4,830 square feet. The shortfall is proposed to be resolved through the execution and recording of an open air easement on the church's property adjacent to the south lot line of the subject parcel. The original proposal also included an open air easement; however, as the original project was larger, the original open air easement was 37,600 square feet. Staff has encouraged the petitioner to obtain the additional square footage required to meet the minimum lot area. Approximately 15.78 additional feet of progerty needs to be acquired to meet the minimum lot area. The proposal provides 34 parking spaces on the north side of the building with an additional 45 "proof of parking" spaces indicated on the plan should the building demand additional parking. The minimum required by the R-3 district regulations is 77 spaces. The proposed parking plus the "proof of parking" spaces totals 79 spaces. This includes two handicapped spaces to be located adjacent to the building. Landscapinq The petitioner has submitted a preliminary landscape plan which meets the minimum requirements of the R-3 zoning district. While specific plant materials for each proposed location have not been selected, the pallet of plant materials proposed is acceptable. The petitioner has also provided a screening fence along the north lot line adjacent to the existing duplexes. This screening fence is required as there is a change in zoning districts which occurs along this property line. An underground irrigation system is also required to be installed. Grading and Drainac,ie Plan The petitioners have submitted a preliminary grading and drainage plan which was reviewed by the Assistant Public Works Director, Scott Erickson. Please see his letters dated January 20, 1993 and February 9, 1993. The petitioner has since submitted corrected plans based on his comments. The petitioner will be required to �� execu�e' and ��`��:�a�t� against the property a storm water pond maintenance agreement.. 3F Staff Report _ SP #93-01, by Westminster Corporation Page 4 Exterior Treatment The 1988 project proposed a combination of exterior materials to include brick, stucco, and siding. The intent of the exterior treatment was to allow the project to blend in with the e�cteriors of the existir�g single family homes. The current project proposes to use an all-brick exterior if HUD will agree to finance it. The petitioners have, however, submitted an alternative exterior aption which would include using a combination of brick and aluminum siding for the exterior. Both exterior proposals are acceptable alternatives. As the proposed project meets the minimum requirements of the R-3, General Multiple Family Dwelling district, staff recommends that the Planning Commission recommend approval of the request to the City Council for a special use permit to allow elderly housing, with the following stipulations: l. A storjm water pond maintenance .agreement shall be executed and recorded against the property. 2. An open air easement which is a minimum of 4,830 square feet in area shall be execute and recorded against the St. Will.iam's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. 3. An underground irrigation system shall be installed. 4. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. PLANNING COMMISSTON ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following amended stipulations: 1. A storm waster p��.;���tenance agreement shall be executed and recorded against the property. 3G Staff Report _ - SP #93-01, by Westminster Corporation Page 5 2. An open air easement which is a minimum of 4,830 square feet in area shall be execute and recorded against the St. William's property. The proposed easement language shall be reviewed by the City Attorney prior to execution. 3. An underground irrigation system shall be installed one year from the issuance of a certificate of occupancy. 4. The applicant shall record restrictive covenants against the property which dictate that the proj ect is for the elderly and handicapped only; elderly defined as those persons 62 years of age and older, and handicapped defined as in;��Section 202 regulations. The covenants shall be consistent with Section 202 regulations, and if Section 202 regulations are amended, said covenants shall be amended with the mutual consent of the City of Fridley. The covenants shall remain in effect for a minimum of 40 years and longer if the law allows. The covenants shall be reviewed and approved by the City Attorney prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. 6. The exterior.shalT be brick. CITY COUNCIL RECOMMENDATION Staff recommends that the,City Council concur with the Planning Commission action. 3H \ , ' I PLANNING COMMISSION MELTING. FEBRIIARY 24, ��t�'93 - PAG13 2 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE 'PERMIT SP #93-01, BY WESTMINSTER COl2PORATION: Per Section 205.09.01.(C).(7} of the Fridley City Code, to allow homes for the elderly on Lots 1-16, Block l, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. William's Church abutting 5th Street N.E. MoTION by Mr. Kondrick, seconded by Mr. Sielaff, to open the public hearing. IIPON A VOICE VOTB, ALL VOTING AYE� CHAIRPERSON NEWMAN DBCLARED THE MOTION CARRIED AND THTs PIIBLIC HEARING OPEN AT 7:47 P.M. Ms. McPherson stated this property is generaily located west of 5th Street and east of Moon Plaza and north of the St. Williams Church administration building. The property is currently zoned both C-3, General Shopping District, and R-2, Two Family Dwelling. Ms. McPherson stated that in 1988, the City Council reviewed a series of land use requests for this same parcel of land which included a special use permit for elderly housing, a lot split to create a separate development parcel, and a rezoning request to rezone the property from its current zoning to R-3, General Multiple Dwelling. At that time, the Council.held the first reading of the ordinance to rezone the property, and the Council will need to hold the second and final reading as required by City Charter to rezone the property to R-3, General Multiple Dwelling. Ms. McPherson stated the proposal in 1988 was to construct a 70 unit, three story elderly high rise facility with underground parking. The project was comprised of 50 one-bedroom units and 20 two-bedroom units. The project was intended to be a combination of brick, siding, and stucco for the exterior treatment. The project was not constructed due to the lack of available funding. Ms. McPherson stated the current proposal is for a three story, multiple family dwelling for elderly and handicapped persons and is a 50, one-bedroom facility. The petitioner is proposing an all- brick exterior and there will not be any underground or surface garages. The building is proposed to be built perpendicular to 5th Street in an east/west orientation with an open lawn area to the south. The entrance to the building will face north, and the surface parking lot will also be to the north. Ms. McPherson stated that as proposed, the building meets the minimum setback, height, and lot width requirements for the R-3, General Multiple Family Dwelling district. However, the building does not meet the minimum lot area requirement of 127,500 square 31 PLANNING COMMISSION MFETING, FEBRIIARY 24. 1993� =�-?f°'"' -_ --- PAGE 3 feet. The lot area is calculated by multiplying the number of units by 2,500 square feet. Ms. McPherson stated an open air easement is proposed to the south of the proposed south property line which is intended to meet the minimum lot area requirement.� This open air easement is roughly 4,800 square feet in area. In 1988, a similar solution was proposed for the original 70-unit building; however, the open air easement needed to be 37,600 square feet in area. Ms. McPherson stated that 34 surface parking spaces are proposed to be constructed located north of the building. The building has been designed so that large vehicles can utilize the pick-up/drop- off area in front of the building. The peti�ioner is also proposing "proof of parking" directly north of the proposed parking area. This proof of parking is required in order to meet the minimum number of parking spaces which is 77. Tn managing similar projects, the petitioner has determined that the original 34 spaces wil2 be adequate; however, if demand is greater, they will have adequate space to construct the additional spaces. Ms. McPherson stated the petitioner has submitted a preliminary landscape plan as required by code. The landscape plan meets the minimum code requirements set forth in the R-3 zoning district. A screening fence or some type of screening is required:between the multiple family district and the two family district to the north. Underground irrigation is also required by code. A grading and drainage plan has been submitted and reviewed by the Assistan� Public Works Director, Scott Erickson. The petitioner has submitted amended plans based on Mr. Erickson's review. The petitioner has also signed and submitted to staff a stormwater pond maintenance agreement that has been sent to Anoka County to be recorded against the property. Ms. McPherson stated the petitioner has submitted eZevation plans of the proposed development. The petitioner is proposing an all- brick exterior at this time; however, it is possible that the Federal Government through HUD may not agree to finance the all- brick exterior. Therefore, the petitioner has developed a second exterior plan which would utilize both brick and siding. Both exterior plans are acceptable to staff. Ms . McPherson stated that as the proposed proj ect meets the minimum requirements of the R-3, General Multiple Dwelling district, staff recommends that the Planning Commission recommend approval of this special use permit request to the City Council with the following five stipulations: .. . ... „ :.�s<�.a:::;>r '. . l. A storm water pond maintenance agreement shall be executed and recorded against the property. 3J PLANNING COMMISSION MESTING. FEBROARY 24. 1993 �-Pi�&L 4 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against St. Williams property. The proposed easement language shall be reviewed by the City Attorney prior to execution. 3. An underground irrigation system shall be installed. 4. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. Mr. Kondrick stated he is concerned about lighting in the parking lot area. What provisions have been made for lighting in the parking lot area, and what type of light standards are proposed? Ms. McPherson stated lighting in the parking lot is shown on the site plan. The petitioner will have to address the type of lighting. Mr. Kondrick stated he is concerned about the exterior of the building. He wanted to make sure that this is a building that is going to look nice, rather than a design that will make the building look like a barracks. It has to be a building that the residents will be proud to live in and that will not be an eyesore to the neighbors. Ms. Dacy stated that is the reason staff asked the petitioner to submit the second elevation. If the all-brick exterior is not approved by HUD, the second elevation; a combination of siding and brick, is similar in design to the elevation approved in 1988. If the Commission feels the second alternative design is not acceptable, the Commission will need to e�ress that to the petitioner. Ms. Sherek stated that stipulation #4 indicates that the project is for the elderly only; yet staff stated that this is a project for both elderly and handicapped. Ms. McPherson stated that the petitioner has indicated that this is for both elderly and handicapped persons so stipulation #4 will have to be amended to reflect that. Ms. Modig stated there will be 51 units in the building, yet only 34 spaces are proposed at this time. i+�here i�-��the ���t�.�arking? Ms. McPherson stated the parking is proposed for both resident and visitor parking. This is based on Westminster's experience at other similar facilities. 3K =�LANNING COMMISSION MEETING. FEBRIIARY 24, 1993 PAGE 5 Ms. Modig asked who will monitor who is parking in the lot. Ms. McPherson stated monitoring would have to be done by the resident manager. Certain spaces will. be clearly marked as visitor parking only. Mr. Chuck Prentice, Westminster Corporation, stated he is the Budget Manager for this project. Long before his involvement or Westminster's involvement with this project, St. Williams Church was interested in helping to bring about a development for senior citizens on this site beginning in about 1972. In the mid-1980's, St. Williams contacted Community Development Corporation of the Arch Diocese of St. Paul/Minneapolis which resulted in the 1988 prraposal. The Community Development Corporation of the Arch Diocese changed hands and became Westminster Corporation. From 1988 to the present, they have followed through with the church council and, at this time, have won a commitment from HUD for a "Reservation of Funds" for this project. HUD will provide the money to build the project and will provide the Section 8 subsidy for rents in the project. The rent for all the units will be according to the Section 8 rule which is that persons of qualifying income would pay 30� of their monthly income for rent. Mr. Prentice stated there is certainly a need for senior housing in Fridley. In their submittals to HUD, they have had very strong substantiation of the need from documents that have been produced by Anoka County, the Metropolitan Council, and the Housing Study done for the City of Frid�ey. Most recently, they have received documentation from St. Williams which was a listing of 65 peo}�le who have inquired about this housing. In addition, he contacted the manager of the Village Green development which has 100 units for senior citizens. The manager told him she was very glad to hear about this development. Village Green's waiting list is upwards to five years. So, there is a definite need for affordable housing for the elderly in this area. Mr. John Culligan, Architect from Boorman, Kroos, Pfister, stated that he was also involved with the original design in 1988. He stated that of the 51 units, there are 50 one-bedroom units and one two-bedroom unit for the resident manager. The one-bedroom units are 545 square feet in size, the maximum allowed by HUD. Mr. Culligan stated that regarding the site plan, there are several design aspects he would like to point out. The building is three stories, approximately 40 feet.in height from grade to the top of the roof. They were concerned about the scale of the building ���-�.:��e:�ative to the neighborhood, so their site plan refle.�rE,ts th� :.� design inputs to accommodate that. The building is designed at a .90 degree angle to 5th Street to reduce the scale of the facade to the street. Another concern was the location of the building footprint relative to the size of the overall property 3L ��' � PLANNING COMMISSION MEETING. FEBRIIARY 24. 1993 � PAGE G�°� °' configuration. By locating the parking and the entrance on the north side of the building, they were able to create two green spaces for the residents, also reducing a negative impact to the neighbors to the north. They took advantage of the dip in grading so that the building is actually about 7 feet below the street level, so the height actually becomes 33 feet in height from the surface of 5th Street. Mr. Culligan stated that regarding the lighting, they are also concerned about adequate lighting in the parking lot and access to the building. These are single shoebox type light fixtures that light the parking surface and sidewalks only, and the poles are at 15-18 feet in height. �'a- Mr. Culligan stated are requesting the approval of two schemes, one of which is the all-brick scheme. They will be proposing the all-brick scheme ta HUD. However, they are concerned about a commercial appearance with a three story, all-brick building so they have taken steps to reduce the vertical scale of the building and emphasize the horizontal scale of the building. � . Mr. Culligan stated that in terms of the second scheme, a combination of brick and steel siding, they are utilizing the same design concept of reducing the vertical scale and emphasizing the horizontal scale of the building. Mr. Prentice stated they will soon be presenting to HUD the design and the estimates of the costs associ.ated with the design. HUD will then review that. The Federal Section 202 program which is a program for affordable housing for elderly and handicapped will not fund certain things, and one thing they will not fund is the development of garages. That is why garages are not proposed with this development. HUD will also not fund irrigation systems. He is referring to stipulation #4 and wondered if that stipulation could be waived or put on some time of time plan under which they could meet the stipulation after the initial development. Mr. Kondrick stated that south of the proposed building, there is a large play area, a softball area. How far will the building be from this area? He would be concerned about is noise from this play area would be objectionable to the residents of the building. �: Mr. Culligan stated the play area is about 200 feet from the edge of the building. They are creating a grassy area and are providing landscaping and trees along 5th Street. They are•also submitting to HUD an upg�-aded �landscaping plan that will create a shrubbed plaza area off the main first floor lounge with a balcony deck for the residents to enjoy the back yard. They wil:�a also� �� '?._�, designating a certain area as a garden area. He did not think sound traveling over 20U feet and penetrating an insulated exterior wall is going to be a problem. Windows may be open in the summer, but air conditioner sle�ves will �te g�vided for each unit. 3M Pi,ANNING ,�I88ION MEETING-. FEBRIIARY 24. 1993 PAGL 7 Ms. McPherson stated there are families with small children who live north of the proposed project in the duplexes. The City has never received any complaints from the existing neighborhood regarding any noise. She did not know how this could be controlied unless the church chose to control who uses the church property as a play area. Mr. Sielaff asked about building maintenance, and who would make sure that the building is maintained. Mr. Prentice stated he is not aware of any HUD requirement for maintenance of the building. Ms. Dacy sta�`ed that every year the owner and management company will have to submit a rental license application. The building wi13 have to meet building codes and City building code. Mr. Newman stated that if staff determines that additional parking is needed, will Westminster have the resources available to pay for the installation of additional parking? Mr. Prentice stated it might be a question of having to respond over time incrementally. Their experience has led them to believe that the entire additional area would not need to be done six months after the building is built. If there is a need for 6-10 parking spaces, because it probably could be treated on that kind of incremental basis, he believed the project would be able to support that additional expenditure.. Also, based on their experience, they have found that larger number of parking spaces is generalZy needed.at the star.t-up of the building. As residents age, some of them who came in owning a car may end up giving up their cars. Ms. Modig stated that might be true for the elderly; however, this building is also for the handicapped. Mr. Prentice stated there are only three handicapped units in the building. For a person with a handicap other than a wheelchair- type handicap, if they-meet the income guidelines, they would be eligible for the other units. Ms. Modig asked if there is any age restriction for the handicapped. Mr. Prentice stated he did not know if there is an age restriction for the handicapped. � .v � .. . . Mr. Kondrick asked what is to prevent this building from changing J from a building for the elderly and handicapped to a building that can be rented by other low income people. 3N PLANNING COMMISBION MEBTING, FBBR�� 2.4. 1993 PAGB 8 Mr. Prentice stated one factor in limiting the building to another type of use is that there will be 50 one-bedroom units. The 40 year term of the mortgage would accelerate and be due and payable at any time during that 40 years if they did not continue to meet the HUD rules that all their residents conform to HUD Section 8 standards for the elderly and handicapped. So, during that 40 year period, if they tried to have residents other than Section 8 qualified elderly and handicapped, they would have a huge debt accelerate on the property. To clarify, this is Section 202 which is HUD financing for the development of housing for the elderly and handicapped and carries with it a Section 8 provision to provide subsidized rents for the residents over the 40 year period. Ms. Sherek stated that stipulation 4 talks about the recording of restrictive covenants dictating that � project is for the elderly and handicapped. Mr. Prentice stated another assurance is that this project is being developed by Westminster Corporation and will be owned by a local affiliate non-profit board. Both are non-profit entities formed and dedicated to the provision of affordable housing. Mr. Newman stated that for the purpose of restrictive covenant, what age is defined for the elderly? Mr. Prentice stated that the age for the Section 202 provision is 62 years of age; and, in the case of a couple, one person must be 62 years of age. Perhaps the wording could be added to stipulation� #4 such as "in conformance with the requirements of the HUD Section 202 program". They are comfortable with the restrictive covenant being placed on the property for the affordability concern and for the type of housing for senior citizens. Mr. Joe Maertens, 144 River Edge Way, stated he owns the duplex directly to the north of this proposed development. He stated he is very pleased with the design and layout of the building. He especially likes the buffer between the apartment building and the duplexes. He stated he is strongly in favor of an ali-brick exterior, especially in a residential neighborhood. In his opinion, siding on a building of this s.ize would be a serious degradation in quality. Mr. Jim Saefke, 6131 - 5th Street, stated he has lived directly across from this proposed development for about 19 years. After looking at the back of Moon Plaza and dumpsters for many years, he is very pleased with this particular design. It is also a great use for this piece of property. It outranks a lot of other things that could go in�o,, that ...garti��,r�c�a. He would welcome senior citizens and handicapped to this neighborhood. Mr. Saefke stated he is also the President of the �t. Williams Parish Council which has reviewed thes�e plans, and they do not have ��� PLANNINt3 COMMISSION MBETING. FLBRIIARY 24, 1993 ,��-}�A6L 9 any problem with the easement requirement or the green space. He would prefer to have the all-brick exterior also, but would be in favor of the brick/siding exterior if necessary. He stated there is a good mix of young, middle age, and older people in his neighborhood. The road was built to handle this additional traffic. Mr. Saefke stated that he sees very little use of the play area, except when neighborhood children get together to play ball. Mr. Bruce Nelson, 90 Rice Creek Way, stated he is a member of St. Williams and part of the group who have been working on this project for a number of years. The Church itself has expended a considerable amount of money to get to this point. He stated the play area is somewhat bermed so it is not a very large ar�a. Mr. Nelson stated the way the parking lot is laid out, some of the spaces are wider so from the standpoint of access for the handicapped persons, this will also help. Mr. Nelson stated that in making their initial selection, they chose Westminster primarily because of their broad-based experience and long term commitment to housing for the eZderly and handicapped. Mr. Kondrick asked about building security. Mr. Culligan stated that the main front vestibule has a telephone buzzer system access for the residents and the community room. The end stairwell doors are locked from the outside 24 hours a day.: Mr. Newman asked if the petitioner is looking at seamless steel siding. It would certainly approve the appearance of the building. Mr. Culligan stated the specifications have not yet been fine- tuned. They could make that part of the recommendations. Ms. Dacy stated that since the petitioner has raised the issue about the cost of underground irrigation, the Commission may want to consider amending stipulation #3 to provide a 2-3 year timeframe for the petitioner to comply. It would.be consistent with other stipulations in the past like hard surface driveways, installation of landscaping, etc. Mr. Virgil Farasyn, 700 Rice Creek Terrace, stated he is a member of St. Williams and a resident of Fridley for many years. He wanted to express his support for the-.,:�rojec�-.� A�� ;r of St.- Williams, he would rather see an apartment for the elderly than some commercial building that would degrade the property. 3P _:--�`,. -PLANNING COMMISSION MEETING. FEBRIIARY 24, 1993 PAGE 10 MOTION by Mr. Kondrick, seconded by Ms. Savage, to cYose the public hearing. IIPON A VOICS VOTB� ALL VOTING AYB� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSSD AT 9t10 P.M. Mr. Kondrick s�ated he believed that the Commission should add a stipulation to recommend only the all-brick exterior. In stipulation #4, he would like to insert wording that guarantees that the project will be for the elderly and handicapped for the 40 years. Ms. Dacy stated it was.staff's interpretation that it would be in perpetuity and run with the property. � Ms. McPherson stated staff will research this to see if there is a statutory limit. Mr. Kondrick stated he is very reluctant to either waive the underground irrigation requirement or provide a timeframe for compliance (stipulation #3). Ms. Dacy suggested a timeframe for the irrigation system of one year from the certificate of occupancy. Mr. Newman asked if the petitioner would be agreeable to that deadline. Mr. Prentice stated he is unable to answer that. It was his understanding that the Board would be more comfortable with a 2-3 year timeframe. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #93-01, by Westminster Corporation, per Section 205.09.01.(C).(7) of the Fridley City Code, to allow homes for the elderly on Lots 1-16, Block 1, and Lots 1 and 30,'Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E., with the following stipulations: � 1. A storm water pond maintenance agreement shall be executed and recorded against the property. �� -1m_; z. 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against St. ��`°���-`'���-` Williams ro ert The � - � :� p p y. proposed easement��languag� sha� ,, be reviewed by the City Attorney prior to execution. � 3. An underground irrigation system shall be installed one year from the issuy�nce of a certificate of occupancy. 3Q 0 PLANNING COMMIBSION ME��T(# --%'EBRIIARY 24 1993 PAGB 11 4. The applicant shall record restrictive covenants against the property which dictate that the project is for the elderly and handicapped only; elderly defined as those persons 62 years of age and over, and handicapped as defined in Section 202 regulations. The covenants shall be consistent with Section 202 regulations, and if Section 202 regulations are amended, said covenants shall be amended with the mutual consent of the City af Fridley. The covenants shall be in effect for a minimum of 40 years and longer if the laws allows. The covenants shall be reviewed and approved by the City Attorney prior to recording. 5. Lot split request.; L.S. #93-01, shall be approved. 6. The exterior of the building shall be of all-brick construction. � Ms. Modig stated she is concerned about stipulation #6. She did not want to create a timeframe problem for the developer. Ms. Sherek stated that if the all-brick exterior is not acceptable to HUD, and the petitioner has to revise the proposal for the exterior for brick and steel siding, she did not believe it would be necessary for the petitioner to come back before the Planning Commission and the petitioner could go directly to the City Council. The Commission members agreed. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. WESTMINSTER CORPORATION: To create a separate parcel from the Norwood ition to Fridley Park plat, to be described as Lots 1- , Block 1, and Lots 1 and 30, Block 2, Norwood Additi to Fridley Park, together with vacated streets and a ys. The site totals 127,505 square feet and is gener y located north and east of St. Williams Church abutti 5th Street N.E. MOTION by Mr. Kondrick, seco ed by Ms. Modig, to open the informal public hearing. IIPON A VOICE VOTE LL VOTING AYE, CHAIRPBRSON NEWMAN DECLARED THE MOTION4 CARRIED:=; -'!lHE���1QR1�Ip�I, pIIBLIC HEARING OPEN AT 9:20 P.M. Ms. McP son stated the third and last land use request is for a lot it. Currently, the proposed development parcel is under t ownership of the St. William's Church �,nd is considered part 3R NORWOOD SOIIARE PROJECT COM$#RI803+�8 1988 Project Components 1992 70 . . . . . . . . . . Number of Units . . . . . . . . 51 121,500 sq. ft.. . . . Lot Area. . . . . . . . . . . . 122,669.86 sq. ft. "H" Design . . . . . . Building Design . . . . . . . Straight, 90 degrees to street 78 + 39 "proof . . . . Number of Parking . . . . .. . . 34 + 45 "proof of of parking" Spaces parking" Brick, stucco, . . . . Exterior Treatment . . . . . . Brick siding 37,600 sq.ft. . . . . "Open Air" Easement . . . . . . 4,787 sq.ft. 3S +� � � 4 'q.� yt � � { . ,�r � "aa � r*. � �7�+ 1 .� p �y^ �� +� "J y� � .. . . . . . y ..4.. ♦ ` �;t . e ���, j' t CITY OF FRIDIyEY � p _ .,. 6431 UNIVERSITY AVENUE N.E. �� ' `° ": .., , ; ' FRIDLEY, Mlv 55432 .: . . . . . . 1: ::: a :- . , . . ...... . � . . _ .. . ,. .. :: . „c . r (612) 571-3450 ; � ; COMMUNITY: DEVELOPMENT.DEPARTMENT�.,� ' �� ' ;J. .. ... _ _ ,. : _ _ ,�. ., ,. :a�, . . . r. ��� . t � � � SPECIAL USE PERMIT-APPLICATION�FORM�� ` SY,��: ' .; . w , PROPERTY INFORMATION�= site plan required for submittal; see �attached , 62xx Fifth Street `"Northeast �� � u� �� Address: (p ' (.�' ' Property Identification Number (PIl� - Legal description: see attached Lot �lock Tract/Addition Current zoning: R2/c3 Square footagelacreage. Reason for special use permit To' allow for" fconst�uction of a 3 story residential structure. Section of Ciry Code: -`� Have you opera.ted a business in a ciry which required a business license? Yes No � If yes, which city? If yes, what rype of business� Was that license ever denied or revoked? Yes No . FEE OWNER INFORMATION (as it appears on the property title) � (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Church of Sf. William `` _ ADDRESS SIGNATURE 61st Avenue Northeast & University Avenue Northeast _ Fric�ley � nev�rrr�� vun�r� 571-5600 NAME Westminster Corporation ADDRESS 328 Kellogg Boulevard West St. Paul, r� 55102 DAYTIMEPHONE ` 29�-1750 SIGNATURE �� �-�- - DATE 1 J 12 / 93 - ar es . rentice, ro�ect anager Fee: $2�4•00 '�� $100.00 for residential2nd accessory buildings �;. Permit SP #% 3-C� � Receipt #" ; 1 l a- Application received by: - � �� � _ . _ Scheduled Planning Commission date: ��Z�� ��� � Scheduled City Council date: -- : _ s�;, � ,� �� �-, ..�. ��, �. r. 5 � , �-�� L� � } �3T � I r ����� SuavEYtN� S�RVI�ES INC, Prapased OP�N AYR �ASfM£NT An Ea�sement over �nd across th�� part of Lots 2 and 29, Bla�k 2. NORWOOD ADRITION TO FRIpLEY FARK, according to the recorded ptat thereaf� Anoka County.a�Minnesota, and thdt part of Yacated 5�'H Avenue and t�at part of y��ated ATley within and adjoining sa�id Btock 2, described as follows: �eginning at the nartheast corner of sald Ldt �; thence � S 0°18'58"W an an �ssamed bearing Stong the east line � af said tot Z, a distance of I5.80 feet; thence N 89° O1'44"�t, a dis��nce of 303.40 feet; thence N p°20'45"E. —-_ ____ a� d#stan�e of =�5r$0 -feet; thence S 89°01'44"� along the -- -- _- _ � -- � =- _- �� wesier-ly :extens��n <�nd the narth 1 tne of said i.ats 2 and 29, a distance of 302.98 feet to the paint oi beginnir�g. 0 (Easemen� Area � �,787 Sq. Ft,) 0 1971 Senecd Road :+ Sulte E •��r►. Mlnnesota 55122 • {612) 452-3077 - �������o� ��a� _ __ QROPERTY Blocl� a�+e 4 t)+ and Lat3 one �and titlrty � 1-tfiy. incluaive � a�ordin� to the dc:lY 1,ots o�ee to slxtea�o oad Addi�ion � Fridiar Ya�• in 81oak T�+a t 2? . ' reeord�d P1s�t thereof. - �s ���d Aye.), dedieated in ttse Pl$t of M 1 betxaan the northerlY �c�ensiocs of idat P�►rt of vacated Ker�t St. (� kl � NNor�rood Addition ta Fridley � �d �lat. the sast and xc�t line� of Blook 2'knawn �s 4�b SLc�aet?. dedicatei! in the plat •�t p�rt of �raogt•ed St� Ave. In� M ��t�e� the �9terly �tensiott af e ractansi�nn at' the of "l�art�+aod A�dition �o F�'l�dltT �arY . 1?�8 � ��ter1Y t.� line o f Lflt 3� � Bla�c x•°�d ��'�`�' � tha � � Blook 7 � �n p�t' uort.� lina of i.ot 6. }� Frl.dley Fa�'k", -- . a�b�pod Addit�os� e in 81� 1. �t =:� �: 8i�ek 1� t� That part of the vacatea all Y�� �r t� nortls. line -� 17� betkeee� tbe ues�erly � t.�t line of LQt g, aaid �look �. • WesLecl7 ex�ension of the � ta Fridley Pa��r - �ddi�loa su B2.oe�t 2. '�°� 3a1d l�ook 2 �t p�rt of tbs ya�t� �h u �. e.� �'tl� liaa at Lot �. 1�� b�tmeea the wsatar'� ���� �� af Lot �, said Blocic 2- �d tde xeste�'17 eX� , � 3V b }; a ._ t� � : i, � Y. . 'i'- . r� . _ _ C� 1 1 OF FRIDLEY FRtDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 554�i2 •(612) 571-3450 • FAX (612) 571-1287 January 20, 1993 Boarman Kroos Pfister & Associates 222 North Second Street Minneapolis, Minnesota 55401 Genttemen: PW93-013 � The following comments pertain to the plans for the Fridley Senior Housing Project. 1. The ponding area should be designed as a detention basin with a restricted outlet to the existing storm drain manhole. A skimmer shaA be installed at the. outlet to the basin. Provide skimmer details. 2. . Clearly define the drainage areas. � 3. Please provide backup information on the time of concentrations and intensities that are being used. 4. Provide hydraulic calculations for the restricted outiet from the basin. 5. Show calculations for ponding volumes. 6. A minimum of 1 foot of freeboard should be used on the basin. 7. Design the driveway to prevent runoff entering from 5th Street. 8. Note that concrete curb and gutter (B618 or B612) is required. 9. Rip-rap inlet to the pond. 10. Maintain separation between the water and sewer services as required by the Department of Health. 11. Ponding cafculation will be reviewed on next�submittal. 12. Sign plans. 3W� January 20, 1993 Page 2 13. A maintenance agreement needs to be executed with the City of Fridley for private maintenance of the storm drainage facilities. 14. Additional information may be forthcoming pending further review. 15. Return original review prints with the next submittal. If you have any additional questions regarding this review, please give me a call. Sincerely, ,� � . , ../��J�'i%�t `-�--<:-1- _- Scott B. Erickson Assistant Public Works Director 3X 0 _ _ F��IYOF RIDLEY FR[DLEY MUNIC[PAL CENTER • 643 f UNIVERSITY AVE. N.E. FRIDLEY, MN 55�132 •(612) 571-3450 • FAX (612) 571-1287 February 9, 1993 Boarman Kroos Pfister & Associates 222 North Second Street Minneapolis MN 55401 Gentlemen: � PW93-032 1. Note minimum 18-in. vertical separation befinreen water and sewer lines p. 5 af 7. 2. Revise sheet 3 of 7 to show the correct inverts bf the pond outlet and invert in the cantrol structure. Label pond as detention area. 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II�n ; II �:��c� � r � � I Community Development Departmen� P � D�SION City of Fridley DATE: February 25, 1993 �� TO: William Burns, City Manager �` FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Resolution Approving a Lot Split Request, L.S. #93-01, by Westminster Corporation Attached please find the above-referenced staff report. The Planning Commission voted 5-1 to recommend approval of the request to the City Counc`il with the iollowing stipu].ations recommended by staff: 1. The petitioner shal'1 execute and record an open air easement to provide an additional 4, 830 square feet of land area on the St. WilTiam's parcel. The proposed easement language shall be reviewed by the City.Attorney prior to execution of the easement. � 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council appro�al. � Staff recommends that the City Council concur with the Planning Commission action and approve the attached resolution approving the lot split. rII�i/dn M-93-87 RESOLUTION NO. '- 1993 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L:S. #93-01, TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF 5TH STREET WHEREAS, the City Council approved a lot split at their , 1993 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to create two separate parcels from the Norwood Addition to Fridley Park plat and Lot 5, Auditor's Subdivision No. 59, to be described as fo'�lows: Parcel A: Lots one to sixteen (1-16), inclusive in Block One (1); and Lots one and thirty, in Block Two (2), Norwood Addition to Fri.dley Park, according to the duly recorded plat thereof. That part of vacated Kent St. (now known as 62nd Ave.), dedicated in the plat of "Norwood Addition to Fridley Park", lying between the northerly extensions of the east and west lines of Block 2, said plat. That part of vacated 5th Ave. (now known as 4th Street), dedicated in the plat of "Norwood Addition to Fridley Park", lyinq between the westerly extension of the south line of Lot 30, Block 2, said plat, and the westerly extension of the north line of Lot 16, Bloek 1, said plat. That part of the vacated alley in Block 1, ��Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot l, Block l and the westerly extension of the south line of Lot 8, Block 1. That part of the vacated alley in Block 2, "Norwood Addition to Fridley Park", lying between the westerly extension of the north line of Lot 1, said Block 2, and the westerly extension of the south line of Lot 1, said Block 2. Parcel B: A1.1 of Lots 2 through 29, inclusive in Block Two (2), � Norwood Addition to Fridley Park", according to the duly recorded plat thereof, Anoka County, Minnesota. That part of vacated 5th Ave. (now known as 4th Street), dedicated in the plat of "Norwood Addition to Fridley Park", lying between the westerly extensio;��. of tl����sou��°:°�rir���f Lot 16, Block 2, said plat, and the westerly extension of the north line of Lot 29, Block 2, said plat. 311 � Resolution No. - 1993 - Page 2 That part of the vacated alley in Block 2, "Norwood Addition to F'ridley Park", lying between the westerly extension of the north line of Lot 2, Block 2 and the westerly extension of the south line of Lot 15, said Block 2. Lot 5, Auditor's Subdivision No. 59, Anoka County, Minnesota. Except the South 180 feet of the West 183 feet of the Southeast Quarter of the Southwest Quarter of Section 14, Township 30, Range 24, Anoka County, Minnesota. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the '��' South line of the Southeast Quarter of the Southwest Quarter of �x . said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left having a radius of 20 feet,_a distance of 31.22 feet; thence Northerly, tangent left having a radius of 20 feet, a distance of 31.22 feet; thence Northerly, tangent to -the last described curve, a distance of 1U0.96 feet; thence Northwesterly on a tangential curve to the left, having a radius of 45 feet, a distance of 31.99 feet to the North line of the South 180 feet of the Southeast Quarter of the Southwest Quarter of said Section 14, said point being the point of beginning of the tract to be described; thence continuing Northwesterly along the last described curve, a distance of 16.7 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence Northwesterly on a tangential curve to the right having a radius of 175 feet, a distance of 53.71 feet to its intersection. with a line parallel with and 30 feet East of the West line of the Southeast Quarter of the Southwest Quarter of said Section 14; thence Southerly along said line parallel with and 30 feet East of ' the West line of said Southeast Quarfier of the Southwest Quarter, � to the North line of the South 180 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along the North line of said South 180 feet to the actual point of beginning. And except that part of the Southeast Quarter of the Southwest Quarter of said Section 14, described as commencing at the Southwest corner thereof; thence Northerly along the West line thereof 30 feet; thence Easterly parallel with the South line of the Southeast � Quarter of the Southwest Quarter of said Section 14, a distance of 127.22 feet; thence Northeasterly on a tangential curve to the left � having a radius of 20 feet, a distance of 31.22 feet; thence Northerly tangent to the last described curve, a distance of 100.96 feet; thence Northwesterly on a tangential curve to the left having a radius of 45 feet, a distance of 48.69 feet; thence Northwesterly tangent to the last described curve 56.94 feet; thence �.�-�•,•;�,�.�� Northwesterly on a tangential curve to the right having -�:rad��,:�.,�.��� � of 175 feet, a distance of 53.71 feet to the East line of the West 30 feet of the Southeast Quarter of the Southwest Quarter of said � Section 14, said point of intersection being the actual point of ; beginning of the tract to be described; thence continuing 3JJ Resolution No. =�1993 Page 3 Northwesterly along said curve having a radius of 175 feet, a distance of 23 feet to the East line of the West 15 feet of said Southeast Quarter of the Southwest Quarter; thence Southerly along said East line to the intersection with the North line of the South 30 feet of said Southeast Quarter of the Southwest Quarter; thence Easterly along a line parallel with and 30 feet North of the South line of said Southeast Quarter of the Southwest Quarter, a distance of 15 feet to the East line of the West 30 feet of said Southeast Quarter of the Southwest Quarter; thence Northerly along the East line of the West 30 feet of said Southeast Quarter of the Southwest Quarter to the actual point of beginning. Subject to road right- of-ways on 61st Avenue N.E. and the East frontage road of State Highway No. 47 (University Avenue). WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels from the Norwood Addition to Fridley Park plat and Lot 5, Auditor's 5ubdivision No. 59. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE'CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 3KK - EXHIBIT A Resolution No. - 1993 Page 4 l. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council apprc�val. 3LL REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial tmplications Conformance to the Comprehensive P1an Compatibility with Adjacent Zoning and Uses Environmental ConsideratiorTs RECOMMENDA�ION Appeals Commission Planning Commission Author �/dn S TAFF REP O RT Community Development Department � I Appeals Commission Date � Plamm�g Commission Date : February Z4: , 1993 , City Council Date : March :l , 1993 ; L.S. 4�93-0] Westminster Corporation To create a separate development parcel. 6200 - Sth Street N.E. 122,669.86 square feet C-3, General Shopping and R-2, Two Family Dwelling Vacant C-3, General Shopping to the west; R-2, Two Family Dwelling to the south and north; R-1, Single Family to the east. 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N.E. 3! . l / yp Ii �1- Zi �� ./9 /I �7 /s J/I 1 u i� � p 9 37 1 1 2 - - ft 3 i � � � _ 3r 4 4 � 4� � J s �-,'� � i � � G �` �n. � � ��i � I 7 7 t<, �`.�.' �<<. Ji d D � � : � � , �". �� � �::� v �. ,- .'�f R�D C� E"r � ,;. ti . � 4:;1'�, � �'- `� FRI�LEY � �Z:. � •j i n �,- �_ � � � � MIDD � : � � � /f � �. J � /t il � � • ` f /� /i �� �� ("'� � � /7 iJ �.• , 2i i/ i� �3 €. d"7 : �j !o /J ; } ,/ -. �� � T ZONING MAP , �:.: -:.. Staff Report L.S. #93-01, by Westminster Corporation Page 2 RE4UEST The petitioner requests that a lot split be approved in order to create a separate parcel for a proposed three story elderly housing project. The petitioner is also processing a special use permit request to allow elderly housing in the R-3, General Multiple Family Dwelling district. � SITE The property is vacant and is located between 5th Street N.E. and $F��� Moon Plaza, north of St. William's Church administrative building. #„A The property is currently zoned R-2, Two Family Dwelling, and C-3, General Shopping Center District. In 1989, the City Council held the first reading of a� rezoning, to rezone the subject parcel to R-3, General Multiple Family Dwelling. Adjacent parcels are zoned C-3, General Shopping Center District to the south and west, R-2, Two Family Dwelling to the north, and R-1, Single Family Dwelling to the east. The City Council approved the ordinance rezoning the property to R-3, General Multiple Family Dwelling for first reading on March 20, 1989. Second and final reading will occur along with the lot split and special use permit. Historv In 1988, the Community Development Corporation proposed to construct a 70 unit, three story elderly high-rise with underground parking. The project was comprised of 50 one-bedroom and 20 two- bedroom units. The exterior treatment was proposed to be brick, siding, and stucco. At that time, the proiect was not constructed due to a lack of available funding. ANALYSIS Westminster Corporation, which is a subsidiary of the Community Development Corporation, has recently received confirmation of Section 202 federal funding to construct a new elderly housing project. The current proposal is a three story, 50 unit, low and moderate income elderly and handicapped facility. The project does not have underground parking or garages. The exterior is proposed to be brick. A comparison of the 1988 and 1992 projects is provided as Appendix A. The proposed development parcel meets the minimum lot width requirement; however, is short 4,830 square feet of the minimum Iot area required for the proposed project. Based on the number of units (51), the code requires an average of 2,500 square feet of 3PP Sta�f Report L.S. #93-01, by Westminster Corporation Page 3 land area per unit. This calculates to 127,500 square feet. The proposed development parcel is 122,670 square feet in area. The petitioners intend to execute an open air easement with St. William's Church on the adjacent church property to meet the minimum lot area requirements. The open air easement was approved with the original lot split application in 1988. At that time, the minimum lot area was short by 37,600 square feet. The proposed easement was not drafted at that time; however, the City Attorney should review any easement language prior to the execution of the easement. The pe��itioner's surveyor has submitted the legal description for the development parcel, but has not submitted a legal description for the remaining St. William's parcel. This will be required to be submitted prior to the City Council approving the lot split. RECOMMENDATION Staff recommends that the Planning Commission reaommend approval �af the request to the City Council with the following stipulations: l. The petitioner shall execute and record an open air easement to provide an additional 4,830 sr�uare feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council approval. PLANNING COMMISSION ACTION The Planning Commission voted 5-1 to request to the City Council with the by staff. Citv Council Recommendation recommend approval of the stipulations as recommended Staff recommends that the City Council concur with the Planning Commission action. 3C�Q ,� PLANI�IING COMMISSION MESTING. FEB�1'#1�RY" 2�4. 1993 . - PAG]3 11 4. The applicant shall record restrictive covenants a ainst the property which dictate that the project is or the elderly and handicapped only; elderly define as those persons 62 years of age and over, and ha icapped as defined in Section 202 regulations. The venants shall be consistent with Section 202 re ations, and if Section 202 regulations are amended, id covenants shall be amended with the mutual cons t of the City of Fridley. The covenants shall be ' effect for a minimum of 40 years and longer if the 1 s allows. The covenants shall be reviewed and approve by the City Attorney prior to recording. 5. Lot split request, L.S,/#9��-01, shall be approved. 6. The exterior of e building shall be of all-brick construction. Ms. Modig stated she i concerned about stipulation �6. She did not want to create a meframe problem for the developer. Ms. Sherek stated at.if the all-brick exterior is not acceptable to HUD, and th petitioner has to revise the proposal for the exterior for b ick and steel siding, she did not believe it would be necessary for the petitioner to come back before the Planning Commission and the petitioner could go directly to the City Council. The Cq�iimission members agreed. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON�NEWMAN DECLARED THE �N CARRIED IINANIMOIISLY. 3. CONSIDERATION OF A LOT SPLIT RE4UEST. L.S. #93-01, BY WESTMINSTER CORPORATION: To create a separate parcel from the Norwood Addition to Fridley Park plat, to be described as Lots 1-16, Block l, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Modig, to open the informal public hearing. IIPON A VOICB VOTE, ALL VOTING AYE,_ CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED A� THE �FOR1�A���`sC HEARING OPEN AT 9:20 P.M. Ms. McPherson stated the third and last land use request is for a lot split. Currently, the proposed development parcel is under the ownership of the St. William's Church and is considered part 3RR PLANNING COMMIB$ION MEETING, FBBRIIARY 24�9:93:� PAGB 12 of the entire property. The lot split request is to create a separate development parcel which will then be conveyed to Westminster Corporation to construct the proposed building. Ms. McPherson stated that as mentioned earlier in the special use permit discussion, the proposed development parcel does meet the minimum lot width requirement; however, it is 4,830 square feet short of the minimum lot area requirement. Again, the minimum lot area is calculated by multiplying the number of units (51) by the average square footage required in the code, which is 2,500 square feet of land area per unit. This calculates to 127,500 square feet, and the proposed development parcel is 122,670 square feet. To rectify the shortfall, the petitioner has proposed to execute and record against the church property an open air easement to create this 4,830 square feet. This easem��it is proposed to be located along the soutii property line of the proposed development parcel. Ms. McPherson stated that in 1988, this resolution of lack of lot area was posed for an open air easement totalling 37,600 square feet. A proposed easement was not drafted at that time; however, staff is recommending that if the project is approved with the easement to be r.equired, the language be reviewed by the City Attorney prior to the execution of the easement. Ms. McPherson stated the surveyor has submitted the leqal description for the proposed development parcel; however, in order to execute the resolution approving the lot split, the surveyor will also be reguired to submit the legal descriptions for the remaining St. William's Church property. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the lot split request to the City Council with the following two stipulations: 1. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement Ianguage shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council approval. Mr. Newman asked how far the property line•would have to be moved to avoid the need for an easement. u. � �..;� �•.�y Ms. McPherson stated the property line would have to be moved approximately 15.8 feet. Mr. Newman asked if staff has discussed this with the petitioner. 3SS :� PLANNING COMMISSION MEETING, FEBRIIARY 24. 1993 PAGE 13 _�-- Ms. McPherson stated staff did discuss the fact that a relatively minor amount of movement of the lot line would be needed in order to meet the minimum lot area requirement.- The petitioner told staff they would discuss this issue with St. William's. She did not know the results of that discussion. Mr. Prentice stated regarding the question of whether they could handle this additional parcel by sale rather than by easement, when staff raised that question, he discussed it with members of St. William's Church. What Westminster has available in the development to provide to the church from HUD is the amount that they have agreed on with the church. They do not have the leeway in their development financing proforma to add an additional amount ��r land at this time. The church members felt that if they were, to sell extra land, they would like to get some extra money for that land. When they knew Westminster could not provide that extra money, the church members agreed to just leave the land sale and proceed with the easement. Mr. Newman asked where-the open_air easement begins.. Ms. McPherson stated that the original lot split request in 1988 was approved with the easement making up the easement of the 37,000 square feet, but it never got to the stage of drafting the language for the easement. Ms. Dacy stated it was her understanding that this open.air easement option was discussed with Westminster at that time, and it was very similar in nature to an easement that, for example, the Building Code would require if there is a certain type of construction and there has to be 60 feet of clear space around the building. That issue came up when Wal-Mart was proposing to build just north of Sam's Club prior to Wal-Mart moving to the 85th Avenue site. It was her understanding that the open air easement starts at the surface and goes up into the air to preserve that extra area. Mr. Newman stated he is concerned about this. It appears that by approving this request, the City would be creating a lot that would be nonconforming right away, and he did not see any physical reasons why that property line cannot be extended. For all practical purposes, the_apartment building is going to have access to that property. Mr. Saefke stated that is correct. He stated what they use for a church facility right now was originally designed to be an �-,�~�� °��:.�;�;;�;�diforium for a church/school complex, and there is no �velop�t _.�..�� in process or even contemplated for that property behind the church and administration center. Part of this lot they are willing to sell to Westminster Corporation was part of the church/school facility as recreation area. Nothing has ever been done with that 3TT � PLANNIN(� COMMISSION M�'"FIN(�: FEBRIIARY �4, 1993 PAG$ 14 property. The parish council really saw no need to encroach any further on what would be considered in the future St. William's Church property as opposed to this development property. The easement is sufficient for the Church's needs. It is also his understanding they have an agreement for sale with Westminster on this property, and the Church is selling the property at less than its assessed value. Because of the restrictions on HUD funding for the purchase of.the property, St. William's feels that at this time, they have kind of given away a-certain portion of property as it is, and they cannot afford to give away any more property except through an easement. Mr. Terry Mickley, 241 Rice Creek Terrace, stated that he a member of St. William's and a liaison with the developer of the building. He stated that if St. Wi1�-�am's deeds the property to Westminster, then it is possible that Westminster could build within 5 feet of the lot line which m-ight encroach upon St. William's Church property. As stated by Mr. Saefke, the property will change hands at considerably less than market value; and even though an easement on that piece of property, it does give them some control on what happens close to the border line. The property is still owned by St. William's which is an asset in maintaining some control over that 15 feet of land. Mr. Dacy stated the Commission's job not this approach is appropriate. establish some criteria about the easement, that is fine. The overall the multiple family dwelling, and it easement is not to be built upon and as part of the lot area and if it is Westminster Corporation. is to determinc whether ar If the Commission wants to language in the open air purpose is for the area for may be appropriate that the to be used as a calculation not deeded in title over to Mr. Kondrick stated that the way the property is, it cannot be built upon because it is not Westminster's property. So, the property is essentially dead because Westminster cannot build on it nor can St. William's. Ms. Dacy stated they are talking about the form of conveyance--an easement versus fee simple. MOTION by Ms. Sherek, seconded by Ms. Modig, to close the informal public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NFWMAN DECI�ARED THE MOTION CARRIED AND THE INFORMAL PIIBLIC HEARING CLOSED AT 1OS00 P.M. Mr. Ii�ndricl�;:��tatec�p�3t�ia;�.;.:�as long as both parties are in agreement with this, then he would be willing to vote to recommend approval of the lot split. Ms. Modig agreed. 3UU = PLANNING COMMISSION MEETING, FEBRUARY 24, 1993 .-�-�:� .: -P�1GL I5 Ms. Sherek also agreed. She could see the points of both the Church and Westminster. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of lot split, L.S. #93-01, by Westminster Corporation, to create a separate parcel from the Norwood Addition to Fridley Park plat, to be described as Lots 2-16, BZock Z, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E., with the following stipulations: 1. The petitioner shall execute and record an open air easement to provide an additional 4,830 squar� feet of land area on the St. Wi:lliam's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the. remaining St. William's parcel prior to submission of the resolution for City Council approval. Mr. Newman stated he wouZd vote to recommend denial of the lot split request. Although he.believes this is a great project, he is very concerned about the precedent the City will be setting in creating a nonconforming lot simply because the sellers would not get paid and the buyers do not want or cannot buy the property. IIPON A VOICE VOTE, NEWMAN VOTING NAY, CHAIRPBRSON NSWMAN DECLARED THE MOTION CARRIED BY A VOTE OF 5-1. Ms. McPherson stated both the special use pernait request and the lot split request will go to City Council on March l, 1993. 3vv r CITY OF FRIDLEY 6431 UNIVERSTI'Y AVENUE N.E. FRIDLEY, MN 55432 � � (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT LOT SPLIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: _ 62xx Fifth Street Northeast �(,���� �,����� � � Property Identification Number {PIN) Legal description: see attached • Lot Block Tract/Addition Current zoning: R2/c3 Squaze footage/acreage Reason for lot split: To allow for cons�ruction of a 3 story residential .structure. Have you operated a business in a city which required a business license? Yes No XX If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes �o FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Church of St. �William ADDRESS 61st Avenue Northeast 8� University Avenue Northeast Fridl SIGNATURE , NAME Flestminster Corporation ADDRESS 328 Kellogg Boulevard West St. Paul, hIlV 55102 SIGNATURE DAYTIME PHONE 571-5600 /2, t qa� DAYTIME PHONE 291-1750 DATE 1 / 12 / 93 Lnarles w. Yrentice, Project Manager . r..,'.., w.,..,. ��..,..,. _,.,,�,..„.,,.,..... �., .,. � �� Fee: $100.00 v Peimit L.S. # -�1 �� � Receipt # 1 I D Application received by: Scheduled Planning Commission date: ,P ,�,j C� , l �% �'.� Scheduled City Council date: _ 3WW 0 S.t i't�� _ __ . SURVEYfNG S�RViCES IN�. Proposed OPEN AIR EASEFI�NT An Easen�ent over dnd across that pari of Lats 2 and 29, Biock 2, NORWOOD ADDITION 70 FRIDI.EY PARK, a�ccarding ta the r�carded pl�t thereof, Anoka Cvunty, Minnesota, and tha��� part of Vacated 5iH Avenue and that part of Yacated Alley within and adjoining sa�id Block 2, described as foliows: 8eginning at tha nartheast corner af said Lo� 2; thence � S 0°16'56"W an an a�ssumed bearing aiong t�e east �ine af said Lot 2, a distance of 15.80 feei; thence N 89° 02'44"W. a dist�nce of 303.Q0 feet; thertce N p°20`45"E. a�distanCe of 15.80 feet; thence S 89°01'.44"� aiong the westerly extensian �nd the norti� i ine of said l.ots 2 and 29, a distance of 302.98 feet to the point of beginning. (Easemen� Area � �,787 S�. Ft.} 1971 Senecd Road ,• Sutte E •�' �Mir�n�ota 55122 • (612) 452-3077 �,y ��I _ ,. 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R��i � _t � .1 --`t—........� ;.. ..�..:::�..—� ;`' .. �� •�� wIl �wIW ���M M : _ . ........ � ,,►°- ......_ _.....��":�� .....� 1 i � � `+ �/ .. - 4 r. . I� '�-'•,-"'""_ ' '_....x.� ...w _""�<�'I s '_ - -- ��,.. ..e.w. .., .. .., �� � , ly _� f' � ' _l '�Y�. 5...' � . -'i:-�.:.i. �i'CSw �af� 'i5iii b���e� il.j.. ? I s � w _s�C.. __ : f 'a-x: ' tt: as �LSF: :a � �.. � � � � _ . Community Development Department -��_..F. PI�ANNING DTVISION City of Fridley DATE: February 24, 1993 �` • �. TO. William W. Burns, City Managerfi• FROM: Barbara Dacy, �Cpmmunity Development Director Lisa Campbel C/Planning Associate .-� � SIIBJECT: 1993-95 Curbside and Multi-Unit Recycling Contract. As per Council's direction, staff requested and received proposals for comprehensive recycling services on February 4, 1993. This memo summarizes key issues and recoaimends a specific contractor. For a full analysis, see attached February 18, 1993, memo (Attachment A). Staff has also prepared a brief video for Council's viewing at the March 1, 1993, Council meeting. Specifications of the RFP included: a two-year term, twice-a-month collection (same Friday in Fridle.y collection schedule); acceptable materials to include cans, glass, newspaper, corrugated cardboard, :magazines, and catalogs; source separation mandatory for 1-4 unit buildings; commingled collection optional for 5-12 unit buildings; 90 gallon containers required for 5-12 unit buildings and to be paid for by contractor; .and one promotional brochure to be paid for by contractor. Three proposals were submitted: Super Cycle, Inc.; Gopher Disposal (TMT Recycling subcontractor); and Waste Management, Inc. The annual proposal amounts are given below: Gopher Disposal $141,047.88 (COLA in '94) Super Cycle, Inc. $152,372.64 Waste Management, Inc. $338,553.24 The total two-year proposal amounts are given below: Go�her Disposal $286.372.19 (includes'94 COLA) 5uper Cycle, Inc. $304,745.28 Waste Management, Inc. $677,106.48 . �a.i 1993;y95 Curbside and Multi-Unit Recycling contract February 24, 1993 Page 2 Curbside Estimated annual curbside contract costs are given below: At�ril '93 -'94 1-4 units Annual Costs Super Cycle, Inc. Gopher Disposal $1.43 $1.42 $131,668.68 $130,747.92 During the first year, Super Cycle is $920.76 more on the curbside component. April '94 - '95 ' Gopher Disposal Super Cycle, Inc. 1-4 unit5 $1.46 $1.43 Annual Cost $134,670.34 Estimated $131,668.68 During the second year assuming a 3� COLA, Gopher Dispo�al would be roughly $3001.66 higher. Multi-IInits Included within each proposal was an amount for 1-4 unit buildings and a separate amount for 5-12 unit buildings. The biggest difference between the two proposals was within the 5-12 unit buildings proposal amount. Annual cost estimates are given below: Multi-IInits Super Cycle, inc. Gopher Disposal 1-4 Units $1.43 $1.42 5-12 Units $1.99 source separated $ .99 commingled Annual Cost of 5-12 Units $20,703.96 $10,299.96 Gopher Disposai As reported in our memo of February 18, 1993, although Gopher Disposal had submitted the lowest overall proposal, their request for a COLA increase would result in a higher contract cost on the curbside component than 5uper Cycle in the 1994-95 service year. � � 1993-95 Curbside and Multi-Unit Recycling :`�;°� .� Contract. February 24, 1993 Page 3 We also reported that we were concerned that Gopher Disposal had failed to adequately address the multi-unit costs and may not have the appropriate equipment to complete the multi-unit component of the contract. Gopher Disposal Withdraws Proposal On Monday, February 22, 1993, Michael Hinz, President of Gopher Disposal, contacted staff and withdrew Gopher Disposal's proposal (see Attachment B). Mr. Hinz' reasons for withdrawing were: 1. Gopher Disposal had underestimated the Erost of providing the 90 gallon containers to multi-units. 2. Gopher Disposal had overextended themselves in making the commitment to the additional $2,000 a year in promotional costs. 3. Gopher Disposal was concerned about the unknown additional cost of the proposed Federai BTU tax. Prior to Gopher Disposal's withdrawal, staff research had raised the following issues: 1. In the second service year, Gopher Disposal's contract price on the curbside component would be roughly $3,000 higher than Super Cycle's. 2. Gopher Disposal has no experience providing multi-unit services as specified in the proposal. 3. Staff's concern that Gopher Disposal had not adequately identified the costs associated with servicing multi- units. 4. Staff's concern that Gopher Disposal may not have the equipment necessary to service the multi-unit component of the contract. Regarding #4, on the day that both proposed contractors were to bring their multi-unit trucks to the City for the purposes of filming and evaluation, the diesel fuel in the truck Gopher Disposal proposed to use for multi-unit collection of cans and glass had gelled. It was twenty-three degrQes on that day. It is worth noting that Super Cycfi�e' s tr��ks �-had-����experienced this difficulty. i � 1993-95 Curbside and Multi-Unit Recycling ' Contract February 24, 1993 Page 4 Super Cycle, Inc. Service Components Service components under a contract with Super Cycle would include twice a month collection (same ��Friday in Fridley" collection schedule); acceptable materials to include cans, glass, newspaper, corrugated cardboard, magazines, and catalogs, with a two month window for phone book collection; source separation colleation from 1-4 units; and source separation collection for 5-12 units. Ninety gallon containers will be provided by the contractor and one "� promotional brochure will be provided by the contractor. In addition to the specified services, additional services under a contract with Super Cyc1e would include collection of recyclables at the Municipal Center, collection of recyclables at Fridley's six public schools, and the distribution of 2,000 "Recycling at School" brochures. Super Cycle is also willing to consider collecting automobile batteries, magazines, and catalogs at the City's spring collection. The inclusion of colleCtion of recyclables at the Municipal Center saves the City $1,320 in payments the City would otherwise be making to Aagard Environmental. No Increase in S.W.A.P.` Fee The total estimated two year contract cost under Super Cycle is $304,745.28. Assuming S.C.O.R.E. funding levels are not reduced, no increase in the S. W. A. P. fee" will be necessary to cover this contract cost. Estimated S.C.O.R.E. and S.W.A.P. fee revenue fo� the same period is $327,584. Staff Recommendation Staff recommends the City Council accept Super Cycle's proposal for curbside and multi-unit recycling services and direct staff to complete contract negotiations with Super Cycle and present a contract for Council approval on March 15, 1993. This recommendation is based on the following findings: 1. Super Cycle has submitted a competitive proposal. 2. Super Cycle is capable of providing the curbside and multi-unit service as specified in the City's RFP. 3. Super Cycle is an experienced provider of multi-unit services. � 4. Super Cycle is willing to comply with a performance clause. LC:ls M-93-82 4C r � � DATE: TO: FROM: SQBJECT: Community,;Development Depa�ment PLANNING DIVISION City of Fridley February 18, 1993 William W. Burns, City Manager Barbara Dacy, Community Development Director Lisa Campbell, Planning Associate .- 1993-95 Curbside and Mu1ti-Unit Recycling Contract/Preliminary Findings. As per Council's direction, staff requested and received proposaZs for comprehensive recycling services on February 4, 1993. This is a progress report. A recommendation will be made at the March 1, 1993, Council meeting. Specifications of the RFP included: a two-year term, twice-a-month collection (same Friday in Fridley collection scheduZej acceptable materials to include cans, glass, newspaper, corrugated cardboard, magazines, and catalogs, source separation mandatory for 1-4 unit buildings, commingled collection optional for 5-12 unit buildings, 90 gallon containers required for 5-12 unit buildings and to be paid for by contractor, and one promotional brochure to be paid for ` by contractor. Three proposals were submitted: Super Cycle, Inc.; Gopher Disposal (TMT Recycling subcontractor); and Waste Management, Inc. . The annual proposal amounts are given below: Gopher Disposal $141,047.88 �(COLA in '94) Super Cycle, Inc. $152,372.64 Waste Management, Inc. $338,553.24 The total Two-Year Contract Amounts are given below:' Gopher Disposal Super Cycle, Inc. Waste Management, Inc. .:� - r�',:� s=_�� .�,��: � � $286.372.19 (includes'94 COLA) $304,745.28 $677,106.48 1993-95 Curbside and Multi-Unit Recycling :�� a� Contract/Preliminary Findings. February 18, 1993 Page 2. Curbside On the Curbside component of the bid, there is a one cent per unit difference between Super Cycle, Inc., and Gopher Disposal. These amounts are given below: April '93 - '94 Super Cycle, Inc. Gopher Disposal 1-4 units $1.43 $1.42 Annual Costs $131,668.68 $13.0, 747 . 92 During the first year, Super Cycle is $920.76 more on the curbside component. While Super Cycle's proposal amount on the curbside is higher, Super Cycle will guarantee its price through the term of the contract. Gopher Disposal's price is conditioned upon a cost of living increase in 1994. Gopher Disposal has suggested that this cost of living be tied to a Consumer Price Index for the Seven County Metropolitan Area. Assuming a three percentage increase in 1994, the increase in the curbside component of the proposal would be,roughly $4,000. Subtracting the $920.70 from the $4,000, the curbside component of Gopher's proposal amount would be roughly $3,001.66 more t�an Super.Cycle's proposal amount for the 1994-95 service year. April '94 - '95 Gopher Disposal Super Cycle, Inc. 1-4 units $1.46 $1.43 Annual Cost $134,670.34 Estimated $131,668.68 During the second year assuming a 3� COLA, Gopher Disposal would be roughly $3001.66 higher. Curbside Service Components Acceptable Materials Acceptable materials under Super Cycle's proposal include cans, glass, newspaper, magazines, catalogs, corrugated cardboard. Gopher Disposal will also .cc��:lect �omob�����°�eries, waste oil, antifreeze (the last three materials were not required in the RFP) 4E 1993=95 Curbside and Contract/Preliminary February 18, 1993 Page 3. Multi-Unit Recycling Findings. as acceptable materials. Gopher Disposal would also pick up plastics. Due to poor market conditions, staff would continue to recommend against picking up plastics. Super Cycle has offered to collect automobile batteries, waste oil, and antifreeze if the City of Fridley wishes to include this service. Staff does not recommend including automobile batteries, waste oil, or antifreeze in the curbside collection program. Staff's concerns are the City's liability with regard to automobile batteries and the potential for spills of waste oil and antifreeze. Should these materials be set out late by a resident or missed by the contractor, and are left unattended for long periods of time, they present a greater hazard than cans, glass, newspaper, magazines, catalogs, and corrugated cardboard. Fridley residents have other options for proper disposal of these materials. Antifreeze, if diluted with five parts water to one part antifreeze, may be drained into the sanitary sewer system. Automobile batteries may be deposited with any retailer, and waste oil may be dropped off at four different locations in Fridley. The City would receive abatement credit for the automobile batteries and antifreeze. Staff estimates that the additional abatement would amount to 0.40 tons annually. This is not enough additional tonnage to justify the associated risks. The City would not receive abatement credit for the waste oil since its only use is to be burned as heating oil. Burning is not recycling. Additional Service Of€ers Both contractors have made offers of additional services after the RFPs were submitted. Gopher Disposal has offered to complete one promotional piece a year for the schools, the cost not to exceed $2,000 annually. Super Cycle, Inc., has offered to collect at the Municipal Center, as well as Fridley's six public schools, and to distribute a school recycling brochure" in schools. The City currently pays Aagard Environmental $55.00 per month to pick up office paper only. Over a 24 month period Super Cycle�s offer would save the City $1,320, in office paper collection costs. Additional Consideration Recently a Super Cycle driver missed two entire streets. Super Cycle has a demerit system for disciplining its employees. The `�� a°����'received 5 demerits, the highest number imposed for a�ry one -�� offense, and a disciplinary letter was placed in his personnel file. However, this incident prompts staff to propose that a performance clause be included in any future contra�t. � :� �;�,�'I , �.,:;, 1993-95 Curbs•ide and Contract/Preliminary February 18, 1993 Page 4. Multi-IInits Multi-Unit Recycling Findings. Included within each proposal was an amount for 1-4 and a separate amount for 5-12 unit buildings. difference between the two proposals was within buildings proposal amount. These figures are given Multi-IInits Super Cycle, Inc. Gopher Disposal Waste Management, Inc. Gopher Disposal 1-4 Units $1.43 $1.42 $3.13 5-12 Units $1.99 source separated $ .99 commingled $4.84 commingled unit buildings The biggest the 5-12 unit below: Annual Cost of 5-12 Units $20,703.96 $10,299.96 $5U,355.36 While Gopher Disposal has given us the lowest overall proposal amount on the multi-units, there is concern that Gopher Disposal has not adequately addressed the cost of providing service to multi-units. To service multi-units, special trucks, routing procedures, and educational materials are needed. Staff estimates Gopher Disposal's costs at $1.86 per unit and this does �not include labor, labels, container maintenance and replacement cost. Super Cycle, Inc., and Waste Management, Inc., identified the purchase of 90 gallon containers as a significant cost. Waste Management, Inc., also identified the cost of four new trucks as an additional cost for their company. 5taff asked Michael Hinz, President of Gopher Disposal, about their understanding of this unit cost. Mr. Hinz said that the 99 cent per unit cost was submitted by his proposed subcontractor, Aagard Environmental, on the multi-units and was based on the assumption that they would be servicing all o� the five and up multi-unit buildings, roughly 3,000 units. When Aagard learned that they would only be servicing 867 units they removed themselves as a potential subcontractor on the proposal. Mr. Hinz, however, stands by the 99 cent per unit commingled bid. The RFP clearly stated that;��the:�p���should be broken down into three different unit based cost components, as follows: 1-4 unit buildings, 5-12 unit buildings, and 13 plus unit buildings. �` ' � 1993-95 Curbside and Multi-Unit Recycling -�°- -- Contract/Preliminary Findings. February 18, 1993 Page 5. Gopher Disposal has no experience providing multi-unit service as specified in the RFP. They currently provide service to 3,000 multi-units in Maplewood. These units are serviced curbside with curbside recycling containers, rather than with the 90 gallon carts specified by the City. Curbside containers can be handled manually by a driver. The 90.gallon containers require equipment that can lift the cart and dump the materials into an appropriate recycling truck. Without Aagard Environmenta2's participation, it is not clear that Gopher Disposal has the equipment necessary to complete the multi-unit service as specified. Staff is continuing to investigate this question. Super Cycle, Inc. Super Cycle, Inc., has considerable e�tperience servicing multi- units. They have serviced multi-units for over five years and currently service 40,000 units with source separated collection service. The majority of the units are in the City of St. Paul. In 1991, the City of St.Paul received the National Recyclirig Coalition's (NRC) "Best Urban Recycling Program" award. In making the award, the NRC specifically recognized St. Paul's multi-unit recycling program for its scope and effectiveness. According to Mary T'Kach, St. Paul's Recycling Program Director, the award would not have been possible without Super Cycle's flexibility and commitment to service delivery. Super Cycle, Inc., has one full-time manager for multi-unit accounts. This person works closely with multi-unit owners and management companies to design the best program for the needs of the specific building. Super Cycle, Inc., has the equipment necessary to lift the 90 gallon carts required by City and maintain source separation of the materials. Super Cycle, Inc., has developed effective labels for the multi- unit containers that can be understood by persons who do not read English. Super Cycle learned that such labeling was necessary from its experience in St.Paul, where large numbers of non-English speaking persons reside. Along with all of the required reports Super Cycle, Inc., would provide an abatement report to building owners or managers that can be used to motivate residents to continue their recycling efforts. Regarding the multi-unit component of the proposal, staff along with the Environmental Quality and Energy Commission, has determined that Super Cycle, Inc., would provide the City with the experience needed to make this portion of the City's recycling program effective and successful. 4H - 1993-95 Curbside and Multi-Unit Recycling Contract/Preliminary Findings. February 18, 1993 Page 6. � Summarv A recommendation will be developed for Council consideration at the March l, 1993 Council meeting. LC:lc M-93-56 4t Attachment B Ie17: �=::!-j;`a t:: L. C: � 1-1 i P�I i. i;i i�.,�...!!:={�;: :��;[ ��,r-�i�i:���ai... i Gd+:; F'i:? 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'i���L_F�::i..t:+ . .... . ., . ... ._ ,�. ,.. � ��;i_�i i i .�. 1.� .[ L_i._ i_�I.._raL�L`s' .�.•i-dy���;E' �,�; �..f�.i 'Y_i_�i_: y �;;s��= i �+�+ �= �=E� i._ �=;�i'F;��is`:I. ��_'r Fi :�;��;. i..�. i��i_t;�` ;`r=r%i(=; i: i._i�i`iF::f`d�( �� ,_� f�:�:=�� 1`t=:t...1. i`•:��:� f�i3`:ILi -1..�...�j�.':.�E_: f'Fi��s °1�:��-;�?: ���i�If�iL_ I i_tj:Ft_ `�; ^;ri�=rf_(?...L� _:._ -.,,,, -, :...... _ �..;,... . : : : r_ � � . : f—i •,• �-1 �. 1. ;.._!:� I a._� i—ii_�-- :, '_:t._� _�:.hi���i':. �.�H1._ _ i. i" i. `�1:.:1'i' i: i'�' 1, E{— .__�.._�"' ,,._, c: "': �4-, .... .. . �... 4., .... . :: �._� .. 1'`� ..: �...: . _ �._. Y :� ��' �' L��Je"`' � l �"�!^� �� ;=+:. r ; _ i..i ;=�� E _ i.._ +:::: :: '.- i �: � . .... 4J i Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: �Iliam W. Burns, City Manager ,�� PW93-068 � � ` FROM: John G. Flora, Pubiic Works Director � DATE: February 25, 1993 SUBJECT: Storm and Sanitary Sewer Repair Project No. 242 ��- On Wednesday, February 24, 1993, at 9:00 am, bids were opened for the Storm and Sanitary Sewer Repair Project No. 242. Of the eight ptans distributed, only one bid was received from Insituform Cent�al, inc. The bid received was for $161,020. The engineer's estimate on this project was $164,000 to $168,000. Funding for this project is budgeted in the 5-year Capital Improvement Sanitary Sewer Fund and the Storm Sewer Capitat Improvement Fund. Recommend City Council receive the bids and award the Storm and Sanitary Sewer Repair Project No. 242 to Insituform Central, Inc. for $161,020. JT/JG F: cz C Attachment / � �� 5 � BID FOR PROPOSALS :�»=��6� -.W STORM & SANITARY SEWER REPAIR, PROJECT NO. 242 WEDNESDAY, FEBRUARY 24, 1993, 9:00 A.M. PLANHOLDER BID BOND TOTAL BID COMMENTS Insituform Central, lnc. 5% $161,020 6167 N Kent Ave Continentai Miiwaukee, WI 53217 Barbarossa & Sons, Inc. NO BID P. O. Box 367 Osseo, MN 55369 Eagle Construction Company, Inc NO BID '� 2400 N County Road 76 Little Falts, MN 56345 Midwest Underground Inspection NO 81D 383 Woodland Dr Isanti, MN 55040 Municipal Pipe Tool Co., Ina NO BID 515 5th Street, Box 398 Hudson, IA 50643 Northdale Construction NO BID 14450 Northdate Blvd Rogers, MN 55374 Visu-Sewer Clean & Seal, Inc. NO BID 2849 Hedberg Dr . Minneapolis, MN 55343 5A BUQCET SUMMARY RELWII�C�-STO�RM/SANITARY SEWER LlNES Sanitarv Sewer 1992 Georgetown Apt Lift Station Cancelled Reroute Onan Sanitary line - Cancelled Net Savings $21,000 10,500 1 500 1993 Apex Lift Station Canceiled 50 000 ' Net Savings 1 500 1993* Reline 15-tn. Sanitary 61 st from 4th to 5th St (Expense) 1993 Bid 34 736 TOTAL SAVINCS 46 764 Storm Sewer 1992 Stonybrook Creek Savings Community Park - Cancelled McGlynn F�cpense Reline 75th and Overton Pipe Net Expense 1993 * Relfne 75th Storm (Budget) Net Savtngs 7993* Reltne 7.5th and Overton 1993 bld TOTAL SAVINGS TOTAL STORM AND SANITARY SEWER RELINING PROJECT PROJECT NO. 242 . $ 15�522 10,500 ( 1,580j 27 236 2 794 180 000 177 206 126 284 50 922 161 020 � .,-_.;.; . c -. .. : .. . . �. . . .,.•r _ ' t . ..•, : � UM�?Y wCSo 1 ', `. � ��s—ai / � �� ,,,. � L� .,.� .... , . .,.. . �. .... /� ...r •� /�/ �,.Y / � ' t 'C� s , J�Q� C t � ���NtUCK i 4 YAOSIM M([�+Nd > ,�ARK ti v w w�M1! �' �i � ��I � M��.L !�1 ����� � ��� � ` �� ��� '�<e // I.�`"�� Ctw��w 'NL�\ tw( ' ��f� . �� il ��:::,• ___-_ �� �� - . . •n•� ew�.:. n - - 1� ��ie��I tr � �; Ir .1 1 .�� � �� JI � � �� .11 � ��1 y/ il :..� ,. .. ,. ., ., . . w.���._ ;; ";t_;; - . : :;'�.�._ trvuuw.• �1 1� ,) M Tt M�tC � � �� 11 11 �1 1' :_Gl 1� .11 J MI �1 �' :11 :1/ ' f �/ �11 �� �/ =qR��lGi��. . 1 Wna �a�4{: �� � _ l '� •- � �' • ,�r /�� � LOCKE t+ PARK u n � ? t'S ��� � � �� S ..... � � <�., ,� C: 3 ': v .....� ^ � � � . Ci ;, �.w:::.. 1_ c5 u ■ �, � ,� � n " b n b � ✓ =� � :� 6• ^ � � � �' � �,, � . ,'7 G`� •�` _� n G �' J�G � �` � c Q c� G C n•`'�"""°" , L,,� b �� � :•� C y � n.ka w« b '� � p c; �� n �� i] �.�u. ..c , "�� J �^ J � F C� �C� �i T C J �' ` - - �n � c'� J n L ,� " t. :� � cj �_ " _ .' � O <.�t. - -� . ( � .. 4 aJ _,,,— =—.-f—. . . — ----�-�4 \ .� ,��... �. �•�: =�.�.�.�` tNCH ' ....... T — - � �� � 5 L � � . STORM � M / � � i • i� ' %`�r�.�iP� , � '�,� '''• ~l`%� � � / 1 , ai � _— ' s�—� � � ' �4� � , �� c ' .... � _" �-r--- � � � e-.y 1 + f.V �f\ � _ — � F i' � � t . ���� + f "t � : 1•�•�.. •.1 �r.d.:.o.«r �1 .. �,tr� . !': �� �-=- J1— �-i r taw.a+ -- t'T� T"'—� 0 ��.i. f`� � I ,-` �: "� l:J;� �� � „ •, e• rn � . . ��� � � • Y �� � U� � ' ..� �O Y �O° --1 : } �wu ��.1 i! M� ` � . 1 �"� i 1 � r.� v .�a. ..1. T 1 �.'• e.. Cf rla�flt �`(`�i i }�{: <} <.. � Ly ' �. C' �7�C� � +'" I.jF F�..I.•.l.F : I. . �'. �. 1 �� = .� c...... i��tj�._�� } 1 ��:.�. °., �` i.1. � r � r ��: � i T r �� c: � i, : • j„� -t : �.� SANITARY c� = --..C��,; . r 1-� :.l j� � � J J^ �..1� � ��} {�f_F. E.1 ' r: f -1 �_ -��-- _ . _ . . . _ -�r l f —1 r+ ' '_.' � I�' i � / J n� cJ 0 f" ' ,' � r��iJl�n `' 4il1:;` L�,CtiMN3_ _ _ _ � � . � c 1 7 � I' _"- . ;�. � . ....'.:. , , � : .ee+c ���� ::�.:�.... �� _.., .�,� ..o.. 1 �. � 5�' �n �� �{ � U . :�..� . •�l�Ml N •��/ V � we.M�. a..t � � � tMnt� • �� � ` `\ ��\ , _�. C`�, ' ,� �,� ,f, y`��-� .__ .��� ` . E. .--• r Kl (��� ���• » �� .... : ..<.. �� fI (, � � --- b_ _ _ / TO: FROM: DATE: SUBJECT:� Englneering Sewer water Pa�ks Sl�eets Mainfen�nte � MEMORANDUM � William W. Burns, City Manager John G. Flora, Public Works Director January 19, 1993 Storm and Sanitary Sewer Repair Project No. 242 PW93-001 In the 1993 Storm Sewer Capital Outlay budget approved by the City Council, $180,000 was identified to repair the storm sewer lines on 75th Ave NE and Overton. We propose ta repair the lines through the insertion of an inverted epoxy liner to the existing storm sewer pipe, .similar to the repair work on the Onondaga Street and Bennett Drive storm sewer projects. Based upon the video data of the corrugated metal sanitary sewer line on 61st ihat failed last year, we propose to reline the 15-inch CMP between 4th and Sth Streets within the original project budget parameters. Funding for this work will come from the sanitary sewer fund. Estimated costs: 1. 2. 3. 4. Last year's projeci No.' 232 was increased with the transfer of funds from this pro}ect: 36-in. P.CP storm sewer liner on 75th frc�:n Bacon Drive to Arthur Street 18-in. RCP storm sewer lizier on Overton between Able and Monroe 15-in. CMP sanitaiy sewer on 61st from 4th to Sth TOTAL $z�,000 65,000 32,200 60,000 184 400 Plans and specifications have beea� pi-epared and we are now ready to advertise for bids. Recommend the City Council approve the resolution to advertise for bids for the Storm and Sanitary Sewer Repair Project No. 2�2. JT/JGF:cz Attachments 5D ��J�y� iPoDL°Y c�nco, 2fl. �vcz CAPITAL IMPROVEMENT PROGRAM COMBINED LIST BY YEAR �.,,�:�. __.. .�. 1993 ' F1RE DEPT BASEMENT STORAGE RM COURT RESURFACING PICNIC SHELTERS MOORE LAKE PARKING ADDITION RIVERVIEW HEIGHTS BIT. PATHWAY 79TH AV LIFT STA-LINE (DIVERSION) REBU�LD APEX �N. LIFi' STATION HIGHLAND IAKE/52ND AVE SWALE DRAINAGE PROJECT STONEYBROOK CREEK EROSION RELINE 75TH AVE. STORM SEWER LOCKE LAKE DAM REPIACEMENT 1993 STREET REGONSTRUCT PROG 1993 OVERLAY PROJECT 1993 SEALCOAT PROGRAM UNIVERSITY AVE. BIKEWAY OPTICOM (EMERG VEIi RESEMP) 81S7/83AD WELL REPAIR-2, 3 & 7 CHLORINE ROOM MODIFICA710N LOCKE PARK �ILTER PLANT REPAIR WATER UTILITY COMPUTER SYSTEM * TOTAL AMOUNT $57,500 GENERAL PARKS PARKS PARKS PARKS SEWER SEWER STORM WATER STORM WATER STORM WATER STORM WATER STREETS STREETS STREETS STREETS STREETS WATER WATER WATER WATER 5E. � GENERALFUND PARKS PARKS . PARKS PARKS SEWER FUND SEWER fUND STORM WATER UTIL. STORM WATER UTIL. STORM WATER UTIL. STORM WATER UTIL: STREET FUND STREET FUND STREET FUND STREET FUND STREET FUND WATER UTILITY WATER UTILtTY WATER UTILITY:, - WATER UTILITY GRAND TOTAL FOR 5,000.00 12,OOO.QO � � ��� �� �� ��� �� �. �1 �� 60,040.00 50,000.00 200,040.00 75,000.00 180,000.00 30,218.00* 209,000.00 263,000.00 124,000.00 � 25,000.00 30,000.00 60,000.00 70,000.00 500,000.00 .� ��� �� 2,239.718.00 Engineering Sewer Water Parks Sireets Mainter,ance MEMORANDUM TO: William W. Burns, City Manager �I � PW93-067 � FROM: John G. Flora, �ublic Works Director DATE: February 24, 1993 SUBJECT: Receive Bids and Award of Contract: Corridor Ma'�atenance Project No. 243 On Wednesday, February 24, 1993, at 10:30 am, bids were opened for the Corridor Maintenance Project No. 243. This project covers the mowing, spring cleanup, weed controi and trash pickup of approximately 60 acres of right-of-way along University Avenue and East River Road from April 15, 1993 to August 1, 1993. Eight (8) potential bidders reviewed the plans and specifications and four (4) bids were received. The low bidder was lnnovative Irrigation, with a total bid of $14,947. They were the 1992 Lake Pointe Maintenance contracto� and did a satisfactory job last year. Mn>DOT personnel will take over maintenance 'of the corridor after August 1 and will continue until the end of the growing season. See the attached map for the areas in question. Recommend City Council receive the bids and award the contract for the Corridor Maintenance Project No. 243 to Innovative Irrigation for $14,947. .!T/JG F: cz Attachments u / � CfiYOF FRIDLk.Y BID FOR PROPOSALS CORRIDOR MAINTENANCE, PROJECT NO, 243 WEDNESDAY, FEBRUARY 24, 1993, 10:30 A.M. PLANHOLDER BID BOND TOTAL BID COMMENTS Innovative Irrigation 5% United $14,947 10006 U�iversity Ave NW Coon Rapids, MN 55448 Jon Isaccson Lawn Care $850 Cashiers $16,990 105515 County Rd 1 i6 Check Rogers, MN 55374 Weber Construction $855 Cashiers $17,100 11900 Fletcher Ln Check Rogers, MNs 55374 Arteka-Natura! Green 5% Wausau $19,000 15195 Martin D� Eden Prairie, MN 55344 B&D Underground, Inc. NO BID 1351 County Rd 83 Maple Plain, MN 55359 ChemLawn Commercial Services NO B1D 1167 E Highway 36 P O Box 9280 Mapiewood, MN 55109-9921 Peterson Construction NO BID Routs 1, Box 27 Erhard, MN 56534 Z's Lawn Maintenance NO BID Box 339 Circle Pines, MN 55014 • � Submitted by _ Department PUBLIC WORKS Acxount No. John G. Flora 4340 IServices contracted Justification: FRiDLEY nent B etail FoRn Doliar Amount Requested inc./Dec. Over Last Year Total Budget Requested �165,000.00 Vehicle and equi�nent subtet repair Rubbish hauling/City dumpsters/land- fill hauling Contract snow removal � Contract street sweeping � Contract diseased treeJstump �emovsi Building 8� HVAC repairs Buifding cfeanirig service Lock and security repai�s (alarms) Electrical repairs Storm warning services Fire ext. �echa�ge service Corrido� maintenance Concrete curb 8 gutter repair Radio repair, page� air time Weed a�d lawn aquatic applications Roof maintenance & repair ` ° Miscellaneous services - used tires; scoreboard, etc. TOTAL � Budget Year 1993 Division STREET� PARKS, MECHANICS City Manager's Recommendation Councii's Deasion 15,000.00 15,000.00 16,500.00 18,000.00 25,000.00 3,000.00 6,000.00 3,000.00 2,5U0.00 2,500.00 1,000.00 17,000.00 �� 15.000.00 2,000.00 15,000.00 2,000.00 6,500.00 $165,000.00 , , . __ _ -�.� .1: �`�.:�: ��: _' _. _. �. __. ; .'o,�..� � so�oo� : •:-.. •' — ocs,nw,s o�n� s ::. _.`�: 'ti-'' — — �. � �� r -%' � ''.•"=" -- — __ --- _ . . —'.� �" Z ;'• ��':� _ - '._'� � _ " ,\ _r :�-... .. . . „ `� ---_ _- _ _ ��.._-•-- --�_ ' . _ NORTN OF OSBORNE� , „�,�„�, T ..i, -- � - _ y MEDtAN b WEST SlDE ONLY =`�` � � � �-. : ... `� 1 ; � , - � : ..-:�: � -• • � _ : _ = � - , � � r..=.,.... 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' - -, l�,' ' il ' -�_.. t /'; ---,_ _,' - � �, _- _.. . ��^ '� . � � •� � ' �.- �' � � INCLUDED =�j,:.� - -.__ -=. �'�• � � :.- • -� � ►:� 1_ _ - v_-� �� =_ i- ` _i,- :.:•�- � '- '� ��. }_ �;� r � � � ' •`,\ i —' i � • i,( r----_— _- :._ • � N '; '�`i � ; . �._• � �� � , i �� — � :�-� ., �� . _�_ _ `_�� � - —i � 1 1 � :� __ -- !•r--- --�L.__... _�' � l— -• � — --- ��._------=. \ �. � 1.�� �� �:, t, ; --; - - : ,:.� ,_ _, - -�-i w,�� .__ �-E : : �.; -� Ic .. : _ �� -- .x -i= � _ i �,=��, ! r ''�-"`�.`•. �-�.� ;-.'s �� �; i � �� `i .+ �,�--_ 1 .. _ _ ( � 1 ' I �- ::i �. ��- _ _ �_ --_ . r , . =- • - i . --;�- _ • � D . . . • � ' : �' _'T ;.: . � '. '. . . . ..— .-1 �"t •'=:\ '� � . S . ,�- _ ..e.=.,:, , ' �`. '='-�' V� NOTE: HIGHWAY FENCE ENDS AT 69TH AVE. —, .-:�i�;,:..,,--.- �, � =_ ,L�,.-i,� :% - � "- - _ . -- . -- -�. � ' /� �J ,�,�. ,. :�_. .�- .�;�-.' _� �n •' '� , =�Li'-'��;� �='i�..-�- r--' { :� � ��.._'�:- � c�-Y�! .��r--'�'����j• ,r ```-::�'f`' J a �' 1: �.� 1 :,. 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I �4 � ����� f � -__'_�_.`__.-.�_��___... . ��_... . � � ' �:� � D EAST SERVICE ROAD �� �� • � =�:��� — � � :�a . _ �, � —,— � � . � ,� � A , -- . , , :.�. .� , . . _ . . 7 � � � �' FOR CONCURRENCE BX THE CITY COUNCIL FTZlD�.�' March 1, 1993 � Type of License: By: Approved By: LIVESTnCK �� Kenneth Jereczek � Same Steven Barg 101 Charles St. N.E.#4 Comm. DeveTopment Fridley, MN 55432 MOTOR•VEHICLE BODY REPAIR_ ' Fridley Auto Body, Inc. Paul Johnson � Barbara Dacy 960 Osborne Rd.�N.E. Comm. Development Fridley, MN 55432 �. � 9 LiCEN8E8 `Fees : ' $10.00 $75.00